Apple Jury Will Be First In U.S. To Weigh Samsung Fight
Professor Mark A. Lemley is quoted in the following article by Business Week's Joel Rosenblatt discussing possible biases in the Silicon Valley jury set to decide the Apple v. Samsung trial.
Apple Inc. (AAPL)’s $2.5 billion patent- infringement lawsuit against Samsung Electronics Co. (005930) began today in federal court in California with selection of the first U.S. jury to consider the global smartphone dispute.
U.S. District Judge Lucy Koh in San Jose, who practiced as an intellectual-property litigator in Silicon Valley for eight years, is presiding over the trial. Jurors will decide each company’s claims that its rival infringed patents covering designs and technology for mobile devices, with potential damage awards reaching billions of dollars.
The case is the first U.S. jury trial of a battle being fought on four continents for dominance of a mobile-device market that Bloomberg Industries said was $312 billion last year. Apple, the iPhone maker based in Cupertino, California, just 11 miles from the courthouse, won’t benefit from any bias from a jury drawn from Silicon Valley, said Stanford Law School Professor Mark Lemley.
"Just as many people in the valley work for Android companies like Google as work for Apple," Lemley said in an e- mail, referring to Google Inc. (GOOG)’s Android operating system that some Samsung products use. "I expect that a Silicon Valley jury will be more technologically sophisticated than most, and that may work in Samsung's favor."