Yesterday we noted Apple and Samsung released their complex verdict forms. As both Apple and Samsung lawyers had the chance to say their closing statements yesterday, the trial is now in the hands of the jury. Deliberation could take days or weeks, but first they will have to answer over 600 questions on the verdict form, notes Bloomberg:
The verdict form is a “whopper,” Stanford Law School professor Mark Lemley said in an interview. Asking jurors to parse three different sets of legal rules for the claims at issue — utility patents, design patents and trade dress, or how a product looks — “will be particularly hard,” he said.
“The jury needs to figure out what category to put each patent in, and then remember to apply some of the rules” contained in the judge’s instructions “to some of the patents, and other rules to other patents,” he said.
Apple’s closing statements yesterday told the jury the evidence speaks for itself and referred to the internal Samsung document that showed step by step how to be more like the iPhone.
Samsung’s closing statements zeroed in on the fact if Apple wins, they believe it could stifle competition:
“It’s a very important decision you have to make,” he said. The decision “could change the way competition works in this country,” he said. “Rather than compete in the marketplace, Apple is seeking to gain an edge in the courtroom. It’s seeking to block its biggest and most serious competitor from even attending the game.”
An Apple or Samsung victory would require a unanimous decision by the jury. Last minute talks between CEOs from both companies failed to materialize a settlement. It’s clear the jury will have a mammoth task on their hands in concluding which company was wronged in this case. I pity the amount of work they have upcoming–let’s hope the espresso will be free flowing all day long.
Which company will emerge as the winner? Apple or Samsung?