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SteveKimLaw
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I am an active husband, father, lawyer (more than 24 years, how time flies), and investor. I believe in contrarian investing, i.e., going where the crowd isn't. I believe that successful investing, like successful living, requires equal parts listening and evaluating, followed by independent... More
  • Vringo Vs. Google: How Does The Jury Render A Verdict? 14 comments
    Oct 30, 2012 6:27 PM | about stocks: VRNG

    Somebody posted a really important question on how the jury expresses its verdict in a patent trial.

    Here is the process:

    1. Judge Jackson instructs the jury as to the law. Part of the instructions will be that they will be given a verdict form, and that they must each agree unanimously to the answers on the form.

    2. The jury is given a special verdict form, which is a series of questions and answers for the jury to answer. Some are "yes" and "no" questions, some are damages questions with blanks for the jury to fill in, if they award damages.

    3. During deliberations, the jury discusses the questions on the verdict form, and they try to reach unanimous consensus on each of the questions posed. This is a bit of a time consuming process. The jury process allows for the jurors to reach compromise. Juries want to make a decision. They don't want to fail to return a verdict. This means that in order to return a verdict, they may make compromises on issues such as amounts of damages, until they reach a figure that they can all agree with.

    4. If despite best and protracted efforts, the jury cannot reach unanimity on the questions on the special verdict form, the Judge may conclude that they are deadlocked and declare a mistrial, which means the case has to be retried before a new jury. This is the exception rather than the rule.

    Here is a cite to an interesting article about the Apple-Samsung patent case, with examples of how the special verdict form was formatted in that case. The special verdict form in this case will probably be somewhat similar to that.

    www.theverge.com/2012/8/24/3266813/apple...

    Hope this helps. It's been a fun ride, but I'm glad that we're getting near the end. I need to sleep.

    Disclosure: I am long VRNG.

    Themes: GOOG Stocks: VRNG
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This post has 14 comments:

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  •  
    Interesting. Are these questions "high-level", simplified questions based on past cases or, are they specific questions based on this trial? Also, is there a select "the best answer" for damage award numbers or, do they "fill in the blanks" with their own damage award numbers? Lastly, does your gut tell you a unanimous decision is likely based on your experience? BTW - You rock!
    30 Oct 2012, 08:13 PM Reply Like
  •  
    Go to Federalevidence .com / go to the Resources Tab / click on Jury Instructions / scroll down towards the bottom and you will see a section for Model Patents / in that area you will find the Model Patent Jury Instructions 2009 by The National Jury Instruction Project. / go to page 75 for the beginning of the Jury Verdict Form with questionairre.

    This is a model form so the judge would have the ability to tailor it to the specifics of the case. The form helps the jury organize the important points of the case and helps them manage a verdict.
    30 Oct 2012, 08:49 PM Reply Like
  •  
    Agree with Surf...Steve rocks!!
    30 Oct 2012, 09:25 PM Reply Like
  •  
    Wow, thanks Caution!
    30 Oct 2012, 11:09 PM Reply Like
  •  
    Check the link to see the verdict form that was put to the jury in the Apple v. Samsung case. I think it is a pretty good example of how our jury verdict form will be formatted. The damages will probably be just a blank that the jury fills in with the number it decides upon (if we are so fortunate). Yes, I think the jury will reach a unanimous verdict. I hope it is the right unanimous verdict.

    Aloha,
    Steve.
    30 Oct 2012, 08:25 PM Reply Like
  •  
    Those jurors have a lot of responsibility! it seems in the samsung case they breezed through the form to get the heck out of there! it must have been a long long process!
    30 Oct 2012, 08:27 PM Reply Like
  •  
    Steve,
    Thanks as usual. The sample form is really helpful.
    I am surprised by that the form actually requires each juror to fill in actual amount of damage. It is amazing! What about if each of them fills in a different amount.
    30 Oct 2012, 10:08 PM Reply Like
  •  
    Hi, Sguan. Actually, there should only be one form, which is completed and signed by the foreperson.
    30 Oct 2012, 10:16 PM Reply Like
  •  
    You answered my question Steve- THANKS!
    31 Oct 2012, 04:21 AM Reply Like
  •  
    Assuming the jury finds in favor of VRNG, how long after that does the judge decide on future royalties?
    31 Oct 2012, 09:23 AM Reply Like
  •  
    Why did this dip -20%? anyone know?
    31 Oct 2012, 03:01 PM Reply Like
  •  
    Is it true that Juge Jackson ruled against vrng that vrng can't collect any money past 2011.
    31 Oct 2012, 03:11 PM Reply Like
  •  
    I believe the ruling is that Vringo can't collect damages from before the filing of the Complaint on 9/15/2011. Shouldn't affect future royalties.
    31 Oct 2012, 04:16 PM Reply Like
  •  
    saw this thank god!

    http://bit.ly/QVcJz4
    31 Oct 2012, 07:07 PM Reply Like
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