Monday, July 16, 2012

Jury instructions shows Apple has Samsung on the run

“We’re only two weeks ago from the Apple v. Samsung trial in San Jose,” Florian Mueller reports for FOSS patents.

“On Friday afternoon, Apple and Samsung filed the boilerplate jury instructions they could agree on, and in the evening, they made a 361-page filing to present those instructions they cannot agree on, along with each party’s defense of its own proposals and specific criticism of the other party’s proposals. I read the entire filing because it tells a lot about the key issues and the parties’ tactics.”

“Not only are Samsung’s proposals very defensive but many of its jury instructions reflect a desire to muddy the water and make things difficult to understand, and very confusing, for the jury. That’s consistent with Samsung’s proposed 700-question jury questionnaire,” Mueller writes. “Samsung appears to know quite well that its non-standard-essential patents are too weak to be of concern to Apple (even if Samsung prevailed on any of them, Apple could deal with it), and it’s unlikely to win an injunction over its standard-essential ones. All that Samsung wants is to stall, delay and complicate the process. If they could get the outcome of the Apple v. Motorola case in Chicago (no one wins anything), they would take it any day of the week.”

He also added:

“The upcoming trial won’t result in Samsung’s destruction, but it may yield a very significant breakthrough for Apple, which still has a lot of patent arrows in its quiver, while Samsung is not going to win anything meaningful in the foreseeable future.”

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