6 minutes ago, cheong wrote
Sure Samsung will appeal. They have strong prove of jury misconduct there.
The jury foreman is a patent holder who seek to punish the infringer, while the instruction given to jurors explicitly written they should not do that.
Also, the jury foreman succesfully persuaded them to rush it so they skipped the discussion on prior art altogether.
Both Apple and Samsung knew he was a patent holder and were happy with that. Remember that Samsung was also suing Apple in the same case, so having a patent holder could have gone either way for both of them.
The prior art was not rushed; it was skipped because the jury had already decided to back Samsung on the devices it was being applied to. There was no need to discuss it because Samsung had already (quite rightly) won on that count.
The foreman said that he sought to punish the infringer, but here's the thing:
Apple asked for $2.75billion, but the jury found that Samsung's theft was wilful (as more than proved by the emails). In these circumstances, the jury could have tripled their award to $3billion – a shade above Apple's ask. They wisely chose not to, possibly to kill the chances of an appeal on those grounds.
Seeking to punish the infringer and actually doing it are two different things.
It is unlikely that Samsung will be able to overturn the conviction (in the latter part of the case they were not even saying they were innocent; they just argued that Apple's demands for compensation were unreasonable, so in that sense they scored a big win).
But we shall see how the appeal plays out.