At about 10:10 this morning the jury asked a question regarding whether they could move to number #2 on the Verdict sheet before completing number #1. In the presence of counsel the jury was called back in and the Judge said if you are referring to breaking down the questions into subsets, meaning the 420 patent and the 664 patent, sure you can consider those any way you want. But he said they should not move on to number two as depending upon what they decide on #1, numbers #2 and #3 may not be necessary. I see this as the first sign that the jury is being efficient and in all likelihood has decided question #1 in favor of the plaintiff. Here is my reasoning quickly with some speculation on the juries thoughts:
A) If there is no #1 no need to go to #2 (I think this is the best argument)
B) If trying to sort out which claims #1 applies to one would want to decide number #2 claim by claim to see if number 1 and number 2 match up. Keep in mind that Judge Jackson has instructed the jury on the use of the doctrine of equivalence which states basically that they don't need to be exact if the resulting function is determined essentially to be the same. You can look up the U.S. Supreme Court's rulings on this which is why simple workarounds often don't pass the non-infringement test. Being instructed they can use this doctrine was a big win for VRNG, one that GOOG counsel objected to.
C) If the jury believes that #2 is going to be done quickly they can concentrate on #1 claims (logical)
D) If jurors feel they have more or less decided number #1, they may, just to be efficient, want to set #1 aside and get #2 out of the way fast. These are all my own impressions based upon my own version of game theory in this case.
What it the point of the order of #1 and #2? Shouldn't they be reversed? And the jury is thinking the same thing? If not valid - no infringement. but they could be valid with no infringement.
This case is about "infringement", but not about "validity".
Validity is only a defense strategy, and therefore is secondary. And it has a different path in appeal, if found invalid.
Infringement must come first, and unanimous.
No...they are not patent experts....the whole case is about Goog stealing and infringing on someone elses patent...that is why it is first. fIf they "infringed" number 2 is easy...if the USPTO grated them they are valid...period...i dont think this is in question much at all.
EVA, ur hunch makes no sense. The jury was deliberating previously and then asked the judge if we should move on to question 2 if we cant reach unanamious on #1... this suggests that all of them dont agree as of now on #1 or they wouldnt have asked that question
Not what I heard...they asked if they could move on to #2 before determining #1. It was even unclear if they meant question number #2 on the Verdict form or part one and two of the first question which relates to the 420 patent and the 664 patent respectively. I sat there as the Judge read their question.
That depends on how the court defines a verdict - unanimous or a poll.
If the court requires unanimous, the jury must first be unanimous on the #1 question.
So, that makes sense, and that is a good indication that both parties have a chance to win at this stage.
Actually if we knew that for sure this stock would be over $4 right now. Convincing one or two is much easier than the other way around. Keep in mind the judge is very much going to push for a verdict here. He is not going to declare a mistrial until he has done quite a bit of prodding but I don't see this coming to that.
That analysis makes no sense to me. Why would the jury ask if they could move onto the next questions. It sure sounds like they can't come to a consensus on question #1, which must be about whether an infringement occurred. Why else would they ask, if they reached consensus?
You have to think this whole thing out. The jury could have decided there was infringement on one or the other already, the 664 or the 420 patent, they only need one claim on one of the patents to find for infringement! Therefore, in that event they would want to go on to number two just to make sure they felt it was valid before making a final determination. They seem to want to be expeditious so once they find one claim that infringes they can then move on to damages, etc. providing they feel patent is valid, which as I have stated several times for them to find invalidity would mean they think they know better than the USPTO which given the history of patent cases is usually not the case with juries.