Apple v Samsung: Five experts, five questions

23.08.2012

Charles Golvin: In truth, what surprised me most is that the case actually came to trial. There have been many patent disputes but the vast majority have been resolved in negotiation. It speaks to the strength of Apple's conviction that the market it essentially created with the iPhone has been unfairly dominated by competitors via -- in Apple's mind -- theft.

Christopher Carani: I am continually surprised at how emotionally attached people are to their cellphones and tablets. At times the allegiance seems stronger than one's political or religious affiliation.

Mark McKenna: They will have to first focus on the validity of the rights Apple and Samsung claim. A lot of the instructions have to do with damages, and damages are irrelevant if the rights aren't valid. Then I think they have to guard against the risk of just looking at the Apple and Samsung devices in comparison to each other, without looking more broadly at what else came before, and what other devices out there look like. And they have to be careful not to buy into the narratives either side is telling and focus on the instructions. They're also going, in some cases, to have to go device-by-device. That will be a slog, but they don't have a choice.

Christopher Carani: Take one question at a time and follow the jury instructions as best you can. Don't be the student who fills out a multiple-choice exam by checking "Answer D" for every question. While perhaps tempting and expedient, justice will not be served. If you are going to faithfully fulfill your duty as a juror, understand that there is no quick way to complete the verdict form. Remember, at issue, there are seven Apple patents (four design patents and three utility patents) against 28 Samsung products (26 smartphones and two tablets) along with trade dress and antitrust claims. In return, Samsung has asserted five patents against five Apple products (three iPhones, the iPad and an iPod). If there are any findings of liability, the jurors then have to shift gears and tabulate damages on a per-patent, per-accused product basis.