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I don't think you can really jump to that conclusion. Prior art may have been 'ignored' but I have a feeling that the question in the minds of the jurors was 'Did Samsung copy apple?'

I think that what's probably more at issue is that the vast majority of the populace regards copying as plagiarism / and/or something that ought to be punished. eg. copying = theft = bad = you should pay a fine.

The jurors are just trying to stitch legal words and technical words together to create the impression that it was judged based on the law rather than the emotional feeling that copying is bad. The jury was probably looking for evidence to find for Apple, not examining the evidence to reach a conclusion. It's a hallmark of trials by jury, it's why when the facts and emotions are on your side you pick a jury trial and when the law is on your side you pick a trial by judge.

I've heard that at one point in the trial the samsung lawyer said that the design of their tablet was so different that it couldn't be copied while pointing to an iPad. A gaffe like that in connection with the idea that copying = bad is game over for Samsung in court.

Errol Morris interviewed a mob lawyer about how he got a mobster off a murder charge, it's a very telling insight into how the average person's mind works.

http://www.youtube.com/watch?v=xLEe496IS1o



Another juror sheds more light on what happened. The foreman's view on prior art had a big impact.

"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. Hogan was jury foreman. He had experience. He owned patents himself...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." "In fact we skipped that one," Ilagan continued, "so we could go on faster. It was bogging us down."

http://news.cnet.com/8301-13579_3-57500358-37/exclusive-appl...




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