Apple v. Samsung II: A user-friendly checklist for the new jury


Philip Elmer-DeWitt is a senior editor at Fortune.



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FORTUNE -- One of the things that marked the first Apple v. Samsung patent infringement trial -- and forced a partial retrial -- was its complexity. It involved:

  • Three kinds of patents: Design, utility and standards essential
  • Two kinds of trade dress: Registered and unregistered
  • 21 Samsung devices: Both smartphones and tablets with names like Captivate, Indulge, Mesmerize and Vibrant
  • Three Samsung corporate entities: Samsung Electronics Co., Samsung Electronics America and Samsung Telecommunications America
  • A 20-page jury form that included questions like No. 15: "If you found the registered iPhone trade dress protectable and famous, for each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC), Samsung Electronics America (SEA), and/or Samsung Telecommunications America (STA) has diluted the registered iPhone trade dress?" (Full jury form here.)

The jury found for Apple and awarded it $1.05 billion in damages. But because of errors the jury foreman made filling out the form, Samsung was able to force a retrial on a portion of the award, reducing its final bill to $930 million (currently under appeal).

Apple has learned its lesson. This time it's keeping things simple: Five patents. Ten products. And the attached one-page checklist shown to the jury as part of Apple's opening statement.

Below: The Samsung smartphones in question.



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