Hasta La Gadget!

The jury that will decide the outcome of the high-profile Apple and Samsung patent suit is scheduled to begin deliberation tomorrow, and to help them determine who’s in the right, they’ve been provided with a number of mobile devices to try out. Even though they get to play around with all sorts of neat tech, they’ve been instructed by Judge Lucy Koh not to update anything on the phones. That goes for downloading new apps too.

Why the buzzkill? The case centers around the similarities between the iPhone and various Samsung devices – if jurors download apps or apply updates, they could change the way those phones look or operate, and that could skew the jury’s decision unfairly toward one party or the other. PCWorld reports that jurors aren’t allowed to use SIM cards with the phones they were provided, but they are permitted to access the Internet through a Wi-Fi connection. That’s where Judge Koh’s warning about updates comes in, and jurors were provided instructions for backing out of update notifications.

Closing arguments are being heard today, with the jury entering deliberation tomorrow. After Samsung and Apple have finished delivering their closing statements, the trial will be in the hands of the jury, and indeed there’s a lot resting on the jury’s decision. Both companies want a significant amount of money in the case, and if Apple wins, that could restrict Samsung’s ability to sell some of its most popular devices in the United States.

The trial has been filled with its share of ridiculous moments, with nearly everything said in the courtroom being repeated on the Internet at one point or another. Now, after weeks of courtroom drama, the case is nearly over, but the most important part still lies ahead. Keep it tuned right here to SlashGear, as we’ll have the jury’s decision for you once it’s been delivered!

Apple, Samsung jurors not allowed to update devices during deliberation is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

After the two sides give their closing arguments in the Apple versus Samsung trial tomorrow, the jury goes into deliberations. The nine person group will be given a shockingly complex worksheet, from which a verdict will be produced. The WSJ is reporting that the worksheet includes obtuse questions like, “What is the dollar amount that Samsung is entitled to receive from Apple for Samsung’s utility patent infringement claims on the ’516 and ’941 patents?,” etc.

Reading through the worksheet, which hypothetically could prove whether Samsung owes Apple $2.5 billion or whether Apple owns Samsung up to $399 million due to patent infringement, makes your brain hurt.

Aside from the patent jargon, what’s particularly brain numbing is that nine randomly chosen people who happen to live around the fabled “Silicon Valley” will be setting a precedent for the future of mobile device design and innovation through their (relatively) uninformed answers.

Ars Technica reports that the jury includes “an electrical engineer who worked in hard drives for over 35 years, a homemaker, a construction worker, a young unemployed man, an insurance agent, an ex-Navy avionics technician, a systems engineer, and a bike shop manager.”

Reuters is reporting that it’s composed of “a store operations manager for a cycling retailer, a systems engineer and a benefits and payroll manager who works with startups” in addition to an “insurance agent, an unemployed video game enthusiast and a project manager for wireless carrier AT&T.”

The gender breakdown is seven men and two women, and, presuming there’s no career overlap, we’ve got  …

1. An electrical engineer

2. A homemaker

3. A construction worker

4.  A young unemployed man who likes video games

5. An insurance agent

6. An ex-Navy avionics technician

7. A store operations manager for a cycling retailer

8. A project manager for wireless carrier AT&T

9. A benefits and payroll manager who works with startups

Sounds like an interesting and lovely bunch, but should they really be the people with the final word on such a complicated situation between two hugely successful and influential high-tech companies?

“I am worried we might have a seriously confused jury here,” presiding Judge Lucy Koh said, concerned. “I have trouble understanding this, and I have spent a little more time with this than they have.” Not to be tech elitist, but we actually cover the space and it’s actually pretty hard to digest for us as well.

If only there were a way we could actually have people who know about patent infringement making important decisions about patent infringement?

In case you missed it, nine random people in San Jose this week will decide the future of mobile device industrial design.—
Fake Alexia (@alexia_tsotsis) August 21, 2012

But no, that would go against what the American judicial system is all about — Democracy. It’s why we call expert witnesses and don’t require experts to be part of the jury. But you only realize how absolutely risky and ridiculous it is when you feel a stake in how the court decision comes out, or ponder how strange it seems that an insurance agent will have a say on whether the Galaxy Tab 10.1 remains banned in the US.

I mean, I know plenty of insurance agents, and it’s certainly a noble career, but quite honestly — really?

Sure, there are quite a few caveats: The jury’s decision needs to be unanimous, spanning dozens of devices, and there are apparently more than 700 questions on that worksheet. Also, no matter what decision is reached, both companies are expected to appeal.

Still, it’s a lot of power in the hands of randoms: If the jury penalizes Samsung for making their phones and tablets a copy of Apple’s then Samsung will need to find a new look. As will all other myriad Android people who are making iPhone-style phones. If they decide Samsung is okay, it’s open season on copycat devices.

Do we end up with the left side or the right side of that image up there? These nine people could decide.

Image via Cult of Mac

Apple and Samsung have both rested their cases in the trial relating to trade dress and patent claims, but the two companies will be discussing the case one more time to try and settle things before the jury is sent away to consider a verdict. Bloomberg reports that the CEOs of both companies, Tim Cook and Kwon Oh Hyun, will hold a telephone conference call to see if any resolution can be agreed upon.

The two CEOs will converse with each other via phone, with lawyers from both companies reporting to the courthouse and Judge Lucy Koh afterwards in order to report the outcome of the call. If the two CEOs fail to reach any sort of agreement, then the jury will be instructed to overlook the case and form a verdict, with the judge indicating that deliberations could begin as soon as tomorrow.

The trial has been a heated one, and not just for the two companies involved. On Friday evening, Judge Koh suggested that one of Apple’s lawyers may be “smoking crack” when he attempted to call a large list of further witnesses in the case. Apple is seeking $2.5 billion worth of damages from Samsung, claiming that the South Korean company copied the iPhone design along with important UI elements such as icons.

Samsung, meanwhile, denies such allegations, arguing that previous cases of prior art suggest that the iPhone design isn’t unique, and that the company arrived at its current icon designs of its own accord. Samsung also asserts that Apple has failed to license certain patents, and has tried to argue that other patents that Cupertino holds are invalid. Samsung is seeking $422 million in damages as a result.

Apple and Samsung CEOs to discuss lawsuit ahead of deliberations is written by Ben Kersey & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

With both sides having presented their cases in the high-profile Apple and Samsung patent suit, it’s almost time for the jury to begin deliberation. Before that happens, however, Judge Lucy Koh has asked both companies to either narrow their claims for the jury or attempt to reach a settlement. Unfortunately (and somewhat unsurprisingly) it looks like neither of those will be happening.

This means that not only will the jury have to decide who’s in the right here, but they’ll have to do so by wading through all of the claims both Apple and Samsung have made during the trial. Deliberation is set to begin on Tuesday, August 21, and Bloomberg Businessweek reports that both companies had until yesterday to report back on talks that were meant to narrow the claims. If a settlement could not be reached, Judge Koh was hoping that the companies could at least simplify the scope of the suit to make the deliberation process easier for the jury.

In a joint statement, attorneys for Apple and Samsung said that such talks proved fruitless, as they were not able to settle or or narrow the dispute. Part of that is because this case isn’t only raging in the US, as Apple and Samsung are currently duking it out in similar lawsuits on four different continents. Another part is that since both companies own a wide range of patents relating to smartphones and tablets, it’s inevitable that this case would be complex and perhaps a little too broad.

So, it appears that the jury has their work cut out for them. This suit has been filled with plenty of ups and downs for Apple and Samsung, and indeed both have made some convincing arguments throughout the case. Who will come out on top is anyone’s guess – and ultimately up to the jury – so we’ll all have to stay tuned for more information.

Chances of settlement slim in Apple, Samsung patent trial is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

Apple rested its case in the trial against Samsung this week, and now the South Korean company is doing everything possible to prove its innocence. AllThingsD reports that Samsung attempted to dismiss allegations that its products copied the design of the iPhone, with senior user experience design Jeeyuen Wang testifying that the company didn’t copy any of Apple’s icons. She went on to say that Samsung tested multiple icons, ultimately falling back on familiar pictures such as the traditional telephone because users responded better to them.

Samsung’s lawyers then attempted to demonstrate that the iPhone’s design wasn’t original, showing various pieces of prior art, including several patents and LG’s Prada phone, all of which came before the release of the iPhone. After that, Samsung moved on to the design of the iPad, playing a video to the jury of Roger Fidler, who created several prototypes for tablets. Although they were mockups and not working devices, some features were reminiscent of the iPad, including a large touchscreen, a rectangular shape with rounded corners, and an all black bezel.

The electronics manufacturer then addressed Apple’s design patents, saying that they should be invalidated due to prior art, and that the elements that have been patented covered functions rather than ornamental design. Samsung’s lawyers argued that two iPhone design patents were invalid, saying that a Japanese patent “renders both of these designs obvious.” Samsung looks to be sticking to its original argument that Apple is essentially trying to patent a rectangular display with rounded corners.

Apple’s counterargument to the claims boiled down to the fact that there are alternative designs that Samsung could have used for its phones. Apple cited one of Sony’s tablets, saying that while it has a rectangular display and rounded corners, it doesn’t look like the iPad nor does it infringe on Apple’s design patents. Apple also introduced the design of the Nokia Lumia 800 and GzOne phone from Casio, again suggesting that there were alternative designs that Samsung could have pursued.

Samsung argues that Apple’s designs are “obvious” is written by Ben Kersey & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.