updated 10:30 pm EDT, Mon August 20, 2012
Trial resumes tomorrow with closing arguments, jury instructions
Despite jurors having the day off in the Apple versus Samsung smartphone patent trial, the behind-the-scenes wrangling continued throughout the day. The attempt at settlement between Apple and Samsung, as pleaded for by Judge Lucy Koh, has wrapped up with no resolution reached. Additionally, facing jury instructions that both companies had failed to retain pertinent e-mails, the two giants have negotiated to not reveal the loss to the jury.
No specifics have been announced about Apple CEO Tim Cook and Samsung Chief Executive Kwon Oh Hyun's call today. The communication was in response to Judge Koh's statement that she saw risks to both sides if the trial went to jury. She said that she was "pathologically optimistic" that a settlement could be reached.
Judge Koh remained "worried we might have a seriously confused jury here" in regards to the heavily technical aspects of the trial and the multi-page jury verdict forms proposed by both sides. She added that "I have trouble understanding this, and I have spent a little more time with this than they have. It's so complex, and there are so many pieces here."
Later in the public hearing, as Koh agreed with Samsung that e-mails hadn't been retained at Apple as well as at Samsung, both companies agreed to not reveal the potential evidence spoliation to the jury. Magistrate Judge Grewal had previously ruled on Apple's filing that Samsung hadn't retained e-mails as required, and the Korean manufacturer had run into problems in US courts in the past due to incomplete e-mail archives.
Apple has maintained that it obeyed the court and preserved all e-mails relevant to the case. Samsung has noted, however, that there appear to be no e-mails from Steve Jobs related to the patent dispute between the two companies since the dispute began in 2010 until his death in 2011.
The jury reconvenes on Tuesday, and will be read more than 100 pages of instructions to the jury, will hear closing arguments, and should begin deliberations on the trial. The jury is not only responsible for the verdict, but also determining damages to one or both companies as a result of the alleged patent violations.