by Mike Masnick

Filed Under:
juries, patents, prior art, velvin hogan

apple, samsung

Samsung/Apple Jury Foreman's Explanation For Verdict Shows He Doesn't Understand Prior Art

from the uh-oh dept

We had already noted what appeared to be serious problems with the way the jury decided the verdict in the Apple/Samsung case -- including ignoring prior art, awarding damages on patents not infringed, and an admission of choosing punitive damages, despite instructions that clearly bar such an action. And it seems to only be getting worse. Groklaw points out that Velvin Hogan, the controversial jury foreman, went onto Bloomberg TV to defend himself, but only served to make things worse, by more or less admitting to not understanding how prior art works.

As was discussed in the previous post, the jury initially got hung up on the question of prior art on the first patent (7,469,381 -- better known as the "bounceback patent" -- covering how when you scroll and hit the edge of a "page" the screen "bounces back.") However, in this interview, Hogan explains the "aha!" moment he had that led him to suggest to the jury that the prior art doesn't apply:
The software on the Apple side could not be placed into the processor on the prior art and vice versa. That means they are not interchangeable. That changed everything right there.
You can see him say this in the video below, around the 3 minute mark:
Basically, he's admitting that he doesn't understand how prior art works. The fact that the software wouldn't run on the same processor is meaningless. In fact, as Groklaw notes, the jury instructions (which Hogan again insists the jury read) note that to find prior art, you just have to show that the invention has already been done or even explained somewhere else. That's got nothing to do with whether or not it can run on the same processor.

Once again, we learn why it's silly to have juries determining patent cases.

Reader Comments

The First Word

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  1. icon
    Machin Shin (profile), 30 Aug 2012 @ 2:00pm

    Re: Re: Re: Re: Re: Re: Re: facepalm...

    Well, the answer to "why?" is because we can easily get these patents.

    Then we can all get together and sue each other in Texas because that is what we "innovators" do right?

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