Published at LXer:

The foreman in the Apple v. Samsung trial has now done an interview with Bloomberg News, giving him an opportunity to answer some of the criticisms of the verdict. It's a video on YouTube, titled "Apple Jury Foreman: Here's How We Reached a Verdict", and while he answers the criticisms, he describes how the jury, under his instructions, decided that the Samsung prior art didn't invalidate an Apple patent. In doing so, I think he has revealed the biggest mistake of all made by the jury, one so large I don't believe it can be ignored. At a minimum, Apple shouldn't want to win like this. His aha moment, as he calls it, and assuming what he says on the video is accurate, was based on a misunderstanding of what constitutes prior art. In discussing the first patent on the list, he says they got into a discussion about the prior art that was presented at trial. Here's why they discounted it:

Read More...