Follow a television interview last week on the issue of Apple Samsung V, earlier in the day and the head of the jury agreed to field questions directly on the web site Gizmodo. In the context of the interview, he admitted to the jury never considered the validity of patent claims Judge Koh instructed the jury not to consider the health and instead to the presumption of correctness.
A quick reading of the jury instructions shows how mistaken for Foreman. On line 7, page 35, the judge in Koh instructions state "decisions regarding infringement and invalidity are yours to do." Moreover, entire sections of the deal with instructions to determine the validity of patents. Instructions No. 33 includes patents facilities and obviousness, while Rules 43, 48 and 52 all deal with the validity of the patent design. And long guidance on criteria for the jury to apply in determining whether the patent is valid, because the patent is invalid would provide the defense with the parties against alleged violations.
As the site indicates Groklaw, logic and Foreman creates a never-ending cycle of passing the buck in deciding whether patents are valid. The USPTO issues patents on presumption of correctness reconsideration by the courts while courts will assume USPTO patent valid. No one ever decide whether patents are actually valid though, as seems to happen in this case.
What you can do with Samsung these statements now is not clear, but perhaps there is a good chance you may see again in the future filings as part of Samsung's appeal.
Source: Groklaw
