Apple, Samsung Face Off In Court Over iPhone, iPad
Lecturer Brian J. Love is quoted in the following article discussing the jury selection process for the Apple v. Samsung patent infringement trial. ABC News' David Louie has the story.
A major battle between two global technology giants kicked off Monday in a San Jose courtroom. It pits Apple against Samsung over charges of copying designs for smartphones and tablets.
Pure and simple, Apple is crying copycat at Samsung for stealing the design of its iPhone and iPad for Samsung's Android smartphones and tablets. Apple is seeking $2.5 billion in punitive damages. But before those legal arguments can begin, there needs to be a jury.
Patent law expert Brian Love at Santa Clara University Law School says jury selection will take time. There are 72 prospective jurors in the pool; 10 will be empaneled.
"You do run the risk that a very large portion of the jury pool will either work for one of the two companies, have a close family member who works for one of the two companies, have a friend who works for one of the two companies, or it will just be a real enthusiast of the devices of one of the two companies," said Love.
"There's always a concern in patent trials that some of the evidence that's presented, especially the technical evidence, will be over the heads of the lay jury pool," said Love. "So the lawyers, the experts that testify will try very, very hard to make everything as simple as possible to make the evidence as sort of bite-sized nuggets."