Apple and Samsung will each get two hours tomorrow to make a case to jurors on whether the $2 billion case is actually a war over Google’s Android operating system as they near the end of their second U.S. patent trial.
The closing arguments for the trial were originally supposed to take place today, however the eight-person jury will not start deliberating until both companies give their closing arguments on Tuesday.
According to a report from CNET, the jury will soon have to go through 53 pages of instructions as they come up with a verdict and determine how much the “losing” company will have to pay in damages. Judge Lucy Koh will say to the jury:
“It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. Do not let personal likes or dislikes, opinions, prejudices, bias, or sympathy influence your decision. Bias includes bias for or against any party or any witness based upon nationality, race or ethnicity. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so.”
Most of Apple’s patent-infringement claims are relating to functions found on the Android operating system, like the slide-to-unlock feature on iOS devices. An Apple victory would allow the company to seek a court order banning the U.S. sales of earlier models of Samsung phones. The case does not cover the Korean company’s latest flagship smartphone, the Samsung Galaxy S5.
In the first trial against Samsung, which occurred about two years ago, Apple was awarded $930 million in damages.