New jury makes Samsung uneasy

The Apple iPhone 4s, left is displayed next to the Samsung Galaxy S III. The Apple argued that Samsung devices such as its Galaxy S III copied Apple technology. (Photo : Xinhua/NEWSis)

Officials of Samsung Electronics showed mixed feelings for the newly formed jury which will review the blockbuster patent infringement case involving Samsung and Apple.

On the first day of the second round of their legal battle, Judge Lucy H. Koh of the San Jose court selected new jurors.

The jury includes a number of iPhone owners as well as several people with ties to the technology industry.

“Samsung hopes the latest round will be reviewed fairly without individual preferences, prejudice and even nationalism,” said an industry official, asking not to be named.

The official added the new jury selection was “quite balanced.”

Judge Koh ordered a previous jury to recalculate Samsung’s payment to Apple citing the misconduct of the jury foreman Velvin Hogan in the first round.

Samsung said those picked include a retired software executive at the International Business Machines (IBM), a community service officer and a retired plumber.

“Samsung will take a closer look whether or not the new jurors are linked to Apple in terms of business interest,” the official said.

Among the candidates for the jury were a man who has 1,000 shares of Apple stock, a woman who grew up in Cupertino with “an affinity” for Apple and a woman whose former employer once sued Samsung for intellectual property infringement.

The candidates also included a worker from Juniper Networks, which gets semiconductors from Samsung, and a LinkedIn engineer who expressed negative feelings toward both parties, which he said have abused their patent positions.

Samsung’s lawyers will argue that Apple is hurting consumer choice by expanding its legal battles, while the South Korean tech heavyweight has so far been consistent in offering unique values to customers by ending patent disputes with signing licensing deals with interested parties, according to officials.

Before opening arguments, the jury will be shown a video from the court, the same one that Samsung objected to earlier.

“Samsung’s key argument is that Apple is becoming a patent troll by asking smartphone manufacturers to pay huge amounts of royalties that can’t be accepted. Consumers may pay the so-called ‘Apple Tax’ if Apple patents are overly protected. It seems evident that Apple is trying to defend its exclusive iOS system by blocking others. This isn’t a business,” said the official.

The latest battle covers commercial patents not standard essential patents (SEPs) based on the fair-, reasonable-, and non-discriminatory (FRAND) principle and a newer generation of products by each such as Samsung Galaxy S3, Galaxy Note2, iPhone5, iPad2, iPad Mini and MacBook Pro.

Apple is seeking as much as $40 per Samsung mobile phone found to be infringing on its patents, a claim that could reach $2 billion and double the amount of Samsung’s payment to Apple in the previous round, while Samsung Electronics is seeking some $900 million in its countersuit.

“It’s unlikely that the two companies will see a breakthrough in the foreseeable future after previous negotiation failed as the companies differed views over patent values. Apple asked too much, hurting Samsung pride and vanishing conditions,” said another industry official.

Android creator and a senior Google executive Andy Rubin is to testify to the court for Samsung, officials said. Written by Kim Yoo-chul, The Korea Times