A*******g
发帖数: 607 | 1 http://news.cnet.com/8301-13579_3-57500358-37/exclusive-apple-s
棒子太无耻了：跟intel有过协议不能告intel的客户，还要来告：
One patent involved the baseband chip in the iPhone and iPad with 3G. During
the trial, Apple turned around and pointed to a licensing deal Samsung had
with Intel, which made the chips Apple used. Under that deal, Apple said
Samsung was not able to sue any companies Intel sold to. Apple then
presented the receipts from when it purchased the accused chips from Intel.
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Exclusive: Apple-Samsung juror speaks out
Manuel Ilagan, one of the nine jurors who ruled in favor of Apple, tells
CNET he thought Samsung's internal e-mails about incorporating some of Apple
's technology into its devices, and the evasive way Samsung executives
answered questions, was damning.
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(Credit: Vicki Behringer)
Apple v. Samsung juror Manuel Ilagan said the nine-person jury that heard
the patent infringement case between the companies knew after the first day
that it believed Samsung had wronged Apple.
Ilagan told CNET in an exclusive interview that the jury had several
sometimes "heated" debates before reaching its verdict yesterday. He also
said nothing in the deliberation process was rushed and that the jury
carefully weighed the evidence.
"We found for Apple because of the evidence they presented," Ilagan said. "
It was clear there was infringement."
Asked to point to some of the more compelling evidence Ilagan said:
"Well, there were several. The e-mails that went back and forth from Samsung
execs about the Apple features that they should incorporate into their
devices was pretty damning to me. And also, on the last day, they showed the
pictures of the phones that Samsung made before the iPhone came out and
ones that they made after the iPhone came out. Some of the Samsung
executives they presented on video [testimony] from Korea -- I thought they
were dodging the questions. They didn't answer one of them. They didn't help
their cause."
Ilagan highlighted another area where Samsung lost the jury: its offensive
on Apple that claimed Apple violated two of its patents relating to 3G
wireless technology. One patent involved the baseband chip in the iPhone and
iPad with 3G. During the trial, Apple turned around and pointed to a
licensing deal Samsung had with Intel, which made the chips Apple used.
Under that deal, Apple said Samsung was not able to sue any companies Intel
sold to. Apple then presented the receipts from when it purchased the
accused chips from Intel.
The jurors came to their decision in 21 hours, or less than three work days.
They ruled in favor of Apple on a majority of its patent infringement
claims against Samsung. The jury also awarded Apple more than $1 billion in
damages.
Apple had originally sought $2.75 billion in damages. Though it wasn't
unanimous on all counts, the verdict was a major victory Apple. Samsung,
which asked for $421 million in its countersuit, didn't convince the jury
that Apple infringed on any of its patents and received nothing in damages.
The decision was very one-sided, but Ilagan said it wasn't clear the jurors
were largely in agreement until after the first day of deliberations.
"It didn't dawn on us [that we agreed that Samsung had infringed] on the
first day," Ilagan said. "We were debating heavily, especially about the
patents on bounce back and pinch-to-zoom. Apple said they owned patents, but
we were debating about the prior art [about the same technology that
Samsung said existed before the iPhone debuted]. [Velvin Hogan] was jury
foreman. He had experience. He owned patents himself. In the beginning the
debate was heated, but it was still civil. Hogan holds patents, so he took
us through his experience. After that it was easier. After we debated that
first patent -- what was prior art --because we had a hard time believing
there was no prior art, that there wasn't something out there before Apple.
"In fact we skipped that one," Ilagan continued, "so we could go on faster.
It was bogging us down."
To those who are skeptical that the jury could reach a decision so quickly
on more than 700 often complex patent questions, Ilagan said members of the
jury took their job seriously and didn't take any shortcuts.
"We weren't impatient," Ilagan said. "We wanted to do the right thing, and
not skip any evidence. I think we were thorough."
The deliberation process moved faster once all the jury members had agreed
that Apple's patents were infringed.
"Once you determine that Samsung violated the patents," Ilagan said, "it's
easy to just go down those different [Samsung] products because it was all
the same. Like the trade dress, once you determine Samsung violated the
trade dress, the flatscreen with the Bezel...then you go down the products
to see if it had a bezel. But we took our time. We didn't rush. We had a
debate before we made a decision. Sometimes it was getting heated."
A bezel is a term analogous with the non-functional area around a digital
screen, also refers to an ornamental band around the front face. In Apple's
first iPhone was polished chrome, a look that stayed with it for three
generations until the iPhone 4.
During the trial, Samsung attempted to undercut the importance of the bezel.
That included bringing out one of its design experts to say that the
feature was functional, and therefore dictated form -- a part of Samsung's
argument that jurors appear to have actually bought based on what was a very
mixed ruling of infringement on the patent that covers the look of that
feature.
As far as the criticism that Ilagan also said there was no hometown bias.
"We weren't going for Apple," Ilagan said. "We were going by the judge's
instructions on how we should go about it, and we stuck to that. We weren't
thinking Apple or Samsung."
As far as the deliberation process was concerned, each of the jurors had
some kind of expertise or played some role that helped the process go
smoothly. Hogan, the jury's foreman, owned a company that went through the
lengthy process of obtaining a patent. He was also on a jury three prior
times.
The two women on the jury, Luzviminda Rougieri and Aarti Mathur, helped keep
the discussion on track and within the rules, Ilagan said. One of the
jurors, believed to be Peter Catherwood, is a project manager with AT&T and
he helped the group add up damages, Ilagan said.
Complete coverage: Apple v. Samsung, a battle over billions
"I was vocal about the technical [issues], about the power controls, because
I know that stuff," Ilagan said. "I work on that."
Ilagan has a bachelor's degree in mechanical engineering and worked as a
systems engineer for Western Electronic and as an applications engineer for
Stanford Telecom.
Four of the nine jury members, which all lived in the area around San Jose,
Calif., where the trial was held, had experience working for technology
companies, including Intel and AT&T. Hogan worked for a hard-drive company.
CNET reporter Josh Lowensohn contributed to this story. | g******o
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