Apple, Samsung on trial: Who's judging?

Apple, Samsung on trial: Who's judging?

Summary: The high-profile case has begun - but who is going to judge the two technology giants?

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TOPICS: Apple, Patents, Samsung
21

The high-profile case has begun - but who is going to judge the two technology giants as they lock horns in a court room?

Kicking off in San Jose, Calif., just a few miles away from Apple and Google's headquarters, the dispute brought before federal court between the two rival firms, Apple and Samsung, is likely to take a minimum of four weeks to resolve.

But what do we know about the jury, now selected, who will be deciding a case that has the potential to rewrite the tenents of patent ownership and use?

CNN rounded up the 10 individuals, based in Santa Clara, Calif., who were chosen Monday from a prospective pool of 74 jurors. Based on reports from other publications, the seven men and three women who will be judging the technology giants stand as follows:

A social worker, a systems engineer, an AT&T supervisor, a store operations manager, a city worker for Gilroy, a benefits and payroll manager, and an unemployed video gamer who aims to attain a software degree in order to design video games in the future.

The pool of potential jurors were asked questions to try and gauge whether they were impartial or not. This included what kinds of mobile device and computers they use, whether they owned Apple or Samsung stock, how they generally used the Internet, and what previous knowledge they possessed about the case.

Almost everyone used one or more products developed by the rival firms. One in particular, who works as a designer at Google, owns two Samsung smartphones, two iPads, a Samsung Galaxy tablet and a Nook Color.

The jurors were also asked if they had strong feelings concerning the case based on what the media has reported, whether they had read books about either company, and if they had personal connections at either firm.

Several potential jurors who were dismissed had valid excuses; including one whose son apparently works in Apple's legal department; an Apple employee who already made his mind up before hearing the case, and an engineer who had registered over 120 patents.

Another juror was dismissed after saying that the case reminded him of Apple's legal battle with Microsoft in the 1990s, of which Apple was unsuccessful in the majority. 

Apple requested that the Google employee be dismissed in kind, but judge Lucy Koh dismissed the idea, saying that the juror had answered "fairly and truthfully." Instead, Apple's hand was forced and it used one of its four preemptory challenges to strike the employee from the list before the case began. Each company recieved a handful of challenges to eliminate individuals from the jury before the trial is set in motion. 

Opening statements in the case are due to be heard today.

The battle began in 2011, when Apple's accusation against its rival concerning mobile device designs received a counter-sue response. Both companies say the other has violated design and technology-based patents, and they both are battling for financial restitution.

See also: Crucial California trial begins in Apple vs Samsung case

Topics: Apple, Patents, Samsung

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21 comments
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  • Hmmm...

    hmm.. no bias..interesting
    coldlava
    • And the idiot judge isn't biased either...

      ...well not too much. Doubt Samsung stands a chance with her on the bench.
      IT_Fella
      • Because Korean judge can not favour Korean company?

        Get real, IT_Fella.
        DDERSSS
      • Considering the judge saw no problem

        allowing a Google employee to be on the jury, I would suggest that Apple would have an appeal ready to submit if it loses the case.

        Court bias or stupidity?
        MacCanuck
        • Google isn't Samsung.

          Simply put the Judge would have allowed the Google employee (who also owns 2 iPads) because he isn't a Samsung employee. They are two different companies, and Google as a company has nothing to do with this particular case. They simply provide the OS which is software to Samsung, and this case is all about hardware.
          Becksly
      • No

        Nobody knows what Judge Koh actually thinks and the decision-whatever it is, will likely be appealed anyway.
        DonRupertBitByte
  • Apple is playing their own version of Monopoly

    This is as stupid as judging whether someones silly putty melted into the same shape as someone elses.
    There are so many products in so many venues that look exactly like someone elses.
    Apple is OK with using Samsungs tech breakthroughs like the Retina Display, but finds it is supposedly losing money because of the physical shape and facia of Samsungs products.
    The only way to shut down Apples court fiasco's is for the Asians to either not renew the parts contract with Apple or increase their prices dramatically for the parts
    sickntired44
    • So you're ok with a company making knock-offs?

      Samsung's own advertizing tried to make the phone and tablet look just like the Apple devices they were Imitating. even down to using Apple App Icons for Samsung's App store. Samsung's own legal team couldn't tell their device from the corresponding iDevice, what does that tell you?
      Jumpin Jack Flash
      • what does that tell me?

        That you are an Apple fanboy without any form of objectivity !
        If Apple is so great why don't they build their components, instead of buying them from Samsung and co, and blow away the competition with product 100 % designed and manufactured by Apple ?
        If Apple is so great what do they steal other ideas and patent the obvious, things noone sane would have the idea to patent, and try to hurt the competition by dirty and disgusting methods like trying to prevent competitor products to be sold ?
        Are they so punny and pathetic ?
        Are they frightened but saddistic kids wanting to hurt anyone a way or another ?
        timiteh
        • You have absolutely no room to talk

          You are obviously at least as far from objective as he is.
          non-biased
      • Funny how

        a UK judge could. What does that tell you? Ask the apple legal team to spot the difference between the ipad and earlier samsung photo frame from 10m and they probably couldn't.
        Little Old Man
      • It tells me Samsungs Legal team didn't make their clients device.

        As far as the advertising goes, being in a different country I guess I never saw it. But from what you said about Samsung's legal team not being able to distinguish the two different devices (from 8 feet away, shown the back of two powered off machines, in a legal case that is not relevant to this one) then it doesn't say a great deal other than I'd suggest most people wouldn't regardless of how different they look. I had an LG Viewty i.e. KU990 back when the iPhone was being released, and the number of people that asked me if it was an iPhone or how I got my iPhone before it was released in my country was astounding. Put the two phones next to each other and they are nothing alike but from a distance yeah they probably do look similar.
        Becksly
      • Those icons

        ... wasn't put there by Samsung. That was on a wall Samsung did not put anything on themselves, it was another company that put it there.

        Check out the Samsung photo screen from 2006 and ask an Apple laywer to tell it apart from an iPad on a distance.
        Natanael_L
      • Those icons

        ... wasn't put there by Samsung. That was on a wall Samsung did not put anything on themselves, it was another company that put it there.

        Check out the Samsung photo screen from 2006 and ask an Apple laywer to tell it apart from an iPad on a distance.
        Natanael_L
      • apple ain't original

        yet apple does the same. Apple's line of icons resembles that of icons lined up in archos tablets that were several years out in the wild before the first ipad came along. In fact the archos 505 was released before the first iphone.

        Lets also not forget how apple took xerox employees away, the same ones who helped xerox create the first windows interface. Stop believing that apple invented everything. They didn't.

        Apple has a poor fundamental understanding of tech evolution. Everyone in the tech industry (even apple though they won't admit it unless you get them in a head lock), takes ideas from each other. They improve on the idea and the entire industry moves forward because of it. That is how the tech world have evolved over the last couple of decades. This is also why apple is so against open source. They don't understand even if they are doing the same fundamental things. Apple basically either needs a good hard slap in the back of the head or newer, younger people in the upper tier who actually understands this. If they did they would be a bigger company than they are today. But instead they prefer to take their marbles and go home.
        rengek
      • The LG Prada says

        Hello

        ;o)
        vinnyboombatz
      • @Jumpin Jack Flash

        I just purchased a Galaxy S3. I do not see it as anything like the iPhone. It has a larger screen, it has a removable back plate so that I can replace the NFC capable battery and add additional memory via the micros SDHC card slot and I can use the micro USB cable that I use with my company Blackberry. Unless I have been misinformed I do not believe that the iPhone has any of these capabilities.
        canuck_golfer
        • And your point it?

          This case doesn't have anything to do with the S3 does it?
          non-biased
      • If the 'knock-offs' are better, why not?

        All knock-offs and copies I've ever encountered are inferior to the product they imitate. I would say that if the product exceeds its predecessor it has no reason to be a 'copy' or a 'knock-off' but an 'innovation' on an existing product. :D
        Xennex1170
    • Welcome to the NFL

      Why not take your cue from the head of Samsung? Let the legal department worry about the lawsuits. Withholding product from customers does not help Samsung make money. Samsung is in business to make money, not to engage in spiteful acts or to react emotionally as if they'd been sued by a neighbor over a barking dog. This is business. All these guys are suing each other all the time. It's how we settle disputes.
      Robert Hahn