Roy Futterman: I would tell this jury to start broad before deciding on the details. In our experience watching scores of mock juries deliberate, we typically see jurors work out a lot of the broader underlying issues before they move on to working out the detailed verdict questions. I would advise the jury to have a long discussion about the case as a whole before moving to the individual verdict questions. Mostly though, I would advise the jurors to settle in and take their time. They have a strikingly complex verdict form with 33 questions on which to come to unanimous agreement.

Bill Panagos: The jury is the most perfect of the many imperfect ways so far devised to ascertain the facts in a matter and render a decision that generally is right, fair and equitable. That being said, once the jury is involved, the decision-making ability of the business people in either party begins to diminish as they progressively lose control over the outcome of the case. Oftentimes, cases are settled during jury deliberations. In a very important matter such as this, complex commercial and business issues intermingle with the patent issue to complicate the matters to be decided by the jury. In high-stakes litigation such as this, the winner will dominate a growing multibillion-dollar market. The loser may find itself with little or nothing to show for its efforts in the case. While there will undoubtedly be appeals from any jury verdict, each party will honestly assess the relative strengths and weaknesses in their respective positions, and may reach a commercial resolution.

Roy Futterman: In our experience with complex patent litigation, we see that when a case like this gets all the way to trial, it is very close and could go either way. If it has come this far, it means that the parties have decided that it could not be settled.

Mark McKenna: I think most people thought it would settle, but Apple has been pretty fiery on record about wanting to destroy its competitors, so I'm not totally surprised that they couldn't reach agreement. I think Samsung's claims would have settled if they were standing alone, because that's just about the amount of money Apple needs to pay. But if they can't settle Apple's claims, then it doesn't make sense for Samsung not to keep its own claims alive. Is it risky to go to a jury? Sure, but sometimes you don't have a choice if you're fundamentally disagreeing.