After three weeks of listening to technology experts, patent professionals and company executives debate the complicated legal claims of Apple Corp. and Samsung Electronics Co., a jury of nine men and women are set to decide one of the biggest technology disputes in history.
Judge Lucy Koh welcomed the jury in the Apple-Samsung patent trial this morning without telling them they were about to hear 100 pages of jury instructions.
The jury will hear those instructions and then four hours of closing arguments from the two sides in the $2.5 billion patent case. Before the jury was seated, Koh told attorneys she would ask everyone in the courtroom to stand from time to time "because I need everyone to remain conscious."
The panel will be handed dozens of mobile phones to examine -- but the judge explicitly asked they not download apps, games or music.
At issue is Apple's accusation that Samsung copied the look and feel of its iPhone and iPad to the point that the two companies' products were nearly indistinguishable.
The jury is also unaware it will be given a 20 page verdict worksheet to assist it in its decision. Proposed worksheets released to the media last night indicated jurors would have to decide phone by phone and patent by patent if Samsung violated patent law.
Lawyers were still filing motions to change those worksheets as late as 2am Tuesday morning.
Just 15 minutes into instructions, it became clear Judge Koh would have a tough time keeping her audience attentive. For instance, jury instruction number 21 involved the definition of the word "invoke."
Jury instructions are given in most, if not all trails, but this one is particularly unusual. Jurors will be given dozens of cell phones to examine in private.