Apple vs. Samsung: Second Interview With Jury Foreman Worse Than the First & More

Discussion in 'Android News' started by dgstorm, Sep 5, 2012.

  1. dgstorm
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    dgstorm Editor in Chief Staff Member Premium Member

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    The Apple vs. Samsung case... it's like a bad wreck that you don't really want to see, but you can't tear yourself away from. You rubberneck just to see what new gruesome body part is visible, and when you do, you are disgusted all over again.

    That's exactly what we have here today. Apparently, the jury foreman, Velvin Hogan, on the Apple vs. Samsung case has been opening his mouth again, and jamming his foot further down his throat. He was strangely willing to sit down for an online interview with Gizmodo, and here are just a couple of bits of swill that spilled out of his mouth.

    Guess what though? Determining whether something was patentable was precisely one of the duties that the jury was responsible for, and was expected of them. It makes you wonder if any of them even bothered to read the jury instructions.

    Here's an exchange where Mr. Hogan was questioned about prior art. His response was nonsensical, and he was called out on it.

    When it comes to criminal lawsuits, a jury trial makes perfect sense. When it comes to patent lawsuits, it makes no sense whatsoever. In many ways, I feel sorry for Mr. Hogan and the jury. These folks were expected to determine one of the most important cases in the history of tech, and they don't really understand patent law or technology properly. We really need experts determining the outcome of trials like this one. Experts in patent law, and experts in technology. Ah well, even though his statements are likely inadmissible, perhaps the appellate judges will figure this stuff out on their own, and set things right for Samsung in the long run.

    Sidenote: Oh, and btw... just to give you guys a heads up. Now that Apple is emboldened by their success, they will be amending their ban-request lawsuit to include the Samsung Galaxy S III and the OG Galaxy Note as well. ~ MobileBloom

    Source: Phandroid
  2. armeddroid
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    armeddroid New Member

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    SMH.
    The ignorance with this guy is astounding and the iSheep that follow and cheer for him are no different.
    Its quite obvious that this jury screwed the whole thing up and the US people dont even realize how badly Apple abused the patent system for their victory.
    Wonder if someone is backing up Apple behind the veil.
  3. frankiez
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    frankiez New Member

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    I wonder if part of determining who was to sit on the jury was what brand of cellphone or tech products they currently use. Curious as to how it was determined cuz from my experience Apple consumers are very pro-Apple and everything else is garbage. OTOH, those that arent hate Apple and would love to see them crumble.
  4. armeddroid
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    armeddroid New Member

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    I do know that one of the jurors was unemployed but was a hard core gamer.
    Wonder what motiviated his side to go with Apple.
  5. kodiak799
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    kodiak799 Well-Known Member

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    I'm sure a few were easily influenced after what had to be an absolute snoozefest.

    One of the reasons lawyers don't like overly intelligent or dominant personalities on juries is their ability to influence other jurors. You don't want that, you want YOUR words to influence the jury. And it sounds like some garage hack with a couple of patents drove the jury as an "expert".

    Based on everything I've read, Samsung lost that case in jury selection.
  6. armeddroid
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    armeddroid New Member

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    Agreed.
    I also am curious about the article about where the jury had so many inconsistencies on many of the infringements.
    Hopefully this will be noted and used on the next case in Dec.
  7. B0B0
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    B0B0 New Member

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    it's a trainwreck.... jesus krist.
  8. Narsil
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    Narsil Active Member

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    As I said before the trial ended, I'd have given my left nut to be on that jury.

    Except that I cannot think of anything that would convince me to live in Commifornia.
  9. JohnnytheK
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    JohnnytheK Well-Known Member

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    Ouch! Think how we feel out here on the left coast.

    Sent from my DROID RAZR using Tapatalk 2
  10. liftedplane
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    liftedplane Well-Known Member

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    God I wish there could have been someone there that had caused a hung jury, I'd of made absolutely sure that apple wouldn't have won and I've have never sided with any of them. If only they had one person there that did that.

    this guy, what he wrote, it makes no sense. Guess we'll see what happens
  11. ambrown
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    ambrown New Member

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    If Velvin Hogan knew what was good for him he would steer clear of the media entirely. But all this does is prove there were some personal biases that he, himself, entertained when making his decision. Remember, Velvin Hogan is the engineer that had someone else infringe on HIS patents and he took them to court and lost. His big "Aha moment" that everyone published he said he "could defend this, if it was (his) patent" and thus put out his own opinions plainly. He was trying to "defend" Apple to the rest of the jury, who were divided on opinions. And when asked in one of his many interviews did the jury try to go against the Judge's orders to only award for damages, not for punishment he stated that they wanted to give Samsung "more than a slap on the wrist" he defended it by saying that it wasn't a punishment. Well the whole line about "paying for" infringement sure sounds like a punishment to me.

    Now this little beauty of a blunder. This guy just doesn't know when to stop. The more he opens his mouth the more he reveals about 1) his own biases that clearly influenced his decision, and thus the rest of the jury as well, and 2) that he really has no clue what he was talking about at any point in the timeline of this case, or post-case for that matter.

    I wish I could have been on the jury (though not really because I'm biased myself) so I could have ripped this guy's logic to shreds. I'm no patent lawyer, or otherwise "qualified" to comment on legal matters or such, but it's clear to me that this guy had it in his mind that infringers should have to "pay for it" and has a deep sense of victimization due to what happened to him in his own legal fight. Then enabling this guy to get the "justice" that he was denied in his own circumstance and somehow by proxy exact his revenge is pitiful at best. So if Velvin Hogan wants to maintain his dignity he should bow out while he still has a chance (though it's arguably far too late for that).
  12. jseah
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    jseah New Member

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    FWIW, this is a civil case, not a criminal case. In a civil case, you don't need to have every jury member agree. It is only with criminal cases where the decision needs to be unanimous.
  13. jseah
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    jseah New Member

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    From his first interview, he said that no one on the jury owned an iPhone.
  14. ambrown
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    ambrown New Member

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    Last edited: Sep 5, 2012
  15. 94lt1
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    94lt1 DF Super Moderator Staff Member Premium Member

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    Lol, lots if people lie to get into, and out of jury duty.. all I'm saying.
  16. ambrown
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    ambrown New Member

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    When I was called for jury duty once I sat through the proceedings of choosing the jury, though I was not ultimately chosen, we were all asked if we had experienced anything relating to vandalism (the allegation of the case I was being considered for) and was asked if I had ever been a victim of vandalism or even if I knew someone that had been victimized and if I could set that aside to serve on the jury in an unbiased function for that case. But it's not like the court can make someone tell the truth, I could have said all the right things and then hoped I got chosen for the case, regardless if what I said was true or if I just wanted to say what the judge, and respective legal teams for the plaintiff and defendant, wanted to hear.
  17. acousticshade
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    acousticshade New Member

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    As I've said in other posts, this is what happens when you have one 'A type' personality on the jury & the rest are B'a or C's. One person should not decide and if you have one person who is educated and is good at influencing people, that's exactly what happens.
  18. jseah
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    jseah New Member

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    Every time I get selected for jury duty, I know that as soon as I get selected from the pool to sit on the panel, I will get thrown off the jury during the jury challenges, and will usually be the first jury challenge. I have been called to jury duty eight times, excused by the judge once (I was a college student at the time), one case was settled before jury selection, one time I didn't get selected to the jury and had to call in for the remainder of the week, and the remaining 5 times, I was selected for the jury and was excused during the jury challenges.

    A few years back, I was selected for the jury on a criminal case where the defendent was accused of raping his stepdaughter. When his wife found out, they got into a fight and he allegedly then tied up both the wife and daughter and beat them with a guitar. So he was being charged with rape, assault and battery, and imprisoning the victims. During the jury selection phase, one of the questions we were asked were whether we were, or knew anyone who had been raped before. I answered no and some young guy who had also been selected for the jury replied that his current girlfriend was raped before. The funny thing is, when the defending attorney made his first jury challenge, he selected me to be excused from the jury rather than the guy whose girlfriend had been raped.

    In the case of the Apple/Samsung case, I'm surprised that the Samsung attorneys allowed a patent holder to stay on the jury, although maybe they thought that he would be partial towards them since he claimed to use an Android phone.
  19. ambrown
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    ambrown New Member

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    @jseah, that's crazy! That last case was really messed up.
    I too noticed that the people that talked more seemed to get picked to be on the actual panel, whether or not they had some crazy backstory. I didn't say much and they passed me up for another guy that had several things to mention. I guess if I had said more or made up a few minor incidences then I might have been picked:p

    But really, yeah you'd think this Velvin "The Hulk" Hogan guy would have been an early dismissee. But hey maybe Apple picked him on purpose since they had an inkling that he'd swing their way.

    It still seems that according to press interviews with all the jury members that Hogan was the one who led them to the conclusion that Apple deserved a billion and a half dollars in "punitive" money (I say punitive because there's no way in h#ll that Samsung did a billion dollars in damages). And Hogan was the one tallying up the prize money for Apple.

    From my Eris (rooted 2.1) using Droid Forums
  20. vallowkr
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    vallowkr New Member

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    This is a very good start ,I think