Screenshot by Re/code
With testimony in the latest Apple-Samsung trial expected to conclude early on Friday, the lawyers and judge are starting to get things ready for the jury.
Among the matters yet to be settled was the exact form that the eight-person jury will have to use in deciding the case. Both sides submitted their proposed form a couple weeks ago.
On Thursday, Judge Koh released a tentative verdict form in the case. It’s a 12-page matrix that involves the 10 products and five patents that Apple accuses Samsung of infringing as well as the two patents and five Apple products that Samsung is countersuing Apple over. There is, of course, space to decide the amount either side is owed if the other is found to infringe.
The verdict form is further complicated because Apple has sued three Samsung entities — Samsung Electronics Co., Samsung Electronics America and Samsung Telecommunications America — meaning the jury also has to decide which, if any, of the Samsung entities are guilty of infringement.
As for the case itself, Apple and Samsung combined have less than an hour left of live witness testimony (each side had 25 hours to make its case), meaning the jury will have a short day on Friday. The lawyers and judge, meanwhile, will spend much of the day debating various matters, including the language to be used in the final jury instructions.
Those instructions, as well as closing arguments, will take place on Monday. Each side will have two hours to make its final case to the jury, and the instructions themselves will likely take more than an hour to be read (the law requires them to be read out loud).
Deliberations will then begin either late Monday afternoon or perhaps early Tuesday morning, depending on how things go.
Here’s what the 12-page document looks like.
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