Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 2004

Declaration of Nathan Sabri in Support of 2003 Opposition/Response to Motion, to File Documents Under Seal and For An Order Prohibiting the Parties From Communicating with Jurors filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 2003 ) (Jacobs, Michael) (Filed on 9/27/2012)

Exhibit A

Samsung seeks new trial in legal feud with Apple - San Jose Mercury News

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Samsung seeks new trial in legal feud with Apple
By Howard Mintz
[e-mail]
Posted: 09/25/2012 04:02:03 PM PD T
U pdat
ed: 09/25/2012 04:02:12 PM PD T

SAN JOSE -- Samsung has asked a federal judge to set aside a jury's $1 billion
verdict in favor of Apple (AAPL) in their legal war over smartphone and tablet
patents, suggesting in court papers filed in recent days that the South Korean
tech giant will allege jury misconduct as one of its legal arguments.
In asking for a new trial, Samsung maintains that "no reasonable jury" could
support Apple's sweeping arguments that Samsung copied the designs of the
iPhone and iPad in a host of smartphone and tablet products. U.S. District Judge
Lucy Koh has set a hearing for
December to consider the flurry of posttrial motions filed by both sides.
Apple vs. Samsung
Trial special section
More Apple news
Track Apple stock

While most of the arguments in
Samsung's 42-page brief were raised
during trial, the company's legal team is
keeping some of its legal ammunition
under seal, filing many documents that are blacked out from public view. That
includes arguments involving the jury, which are mentioned in a separate
document filed Monday that asks Koh to bar any "further communication with
jurors who served during the trial until the matters raised by this motion have
finally been resolved."
Those "matters" are blacked out, as is a declaration on the topic from Susan
Estrich, a Samsung lawyer, law professor and prominent television legal
commentator.
Apple, meanwhile,

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Koh over the
weekend,
asking for a permanent injunction against the sale of
more than two dozen smartphone and tablet models, such as the Galaxy S II and Galaxy Tab 10.1. In addition, Apple
asked for another $535 million in damages as a result of the jury's findings of patent infringement and violation of trade
dress protections for many of those products, which would bring the final judgment to more than $1.5 billion.

In a brief email exchange
Monday, jury foreman Velvin Hogan defended the integrity of the jury's verdict,
which he told this newspaper last month came after a painstaking review of the
evidence.

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"There was no jury misconduct at all," Hogan said.

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Trial judges seldom grant motions for new trials, but Samsung's arguments will
also lay the foundation for the company's expected appeal to the Washington,
D.C.-based U.S. Circuit Court of Appeals, which reviews patent cases.

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SiliconValley.com | Personal tech | Tech Files

An Apple spokeswoman declined comment on Samsung's latest legal arguments.
Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at
Twitter.com/hmintz

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Samsung seeks new trial in legal feud with Apple - San Jose Mercury News

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http://www.mercurynews.com/business/ci_21621841/samsung-apple-seeks-new-trial-legal... 9/25/2012