There is little doubt that the trial between Apple and Samsung taking place here is complex, and perhaps nowhere is that clearer than in the form that jurors will have to fill out on their way to reaching a verdict later this week.
The document, which both sides have yet to agree on, is still in its draft stage. In Samsung's case, it's 33 questions long, and stretched across 17 pages. For Apple, it's 23 questions spread over nine pages.
Jurors, who will soon hear closing arguments from both sides, as well as receive a 100-page instruction document tomorrow, can then look forward to trudging through the form.Both forms ask jurors to check off which products infringe on specific patent claims, an exercise that includes going through charts that sometimes span several pages. On Apple's form there are some 225 checkboxes regarding patent infringement.
Certain patent features are grayed out since not all products carry the identical feature set. That could be a welcome sight for the nine-person jury, who must reach a unanimous decision.
"It's actually par for the course," says Pierre Yanney, a partner with Stroock & Stroock & Lavan. "The plaintiff has to show that at least one claim is infringed, and you have to show that for each product that's accused of. You really have to go through the entire list, and each of the claims that's been asserted."
Ahead of the form's latest drafts, U.S. District Court Judge Lucy Koh had asked both sides to narrow their cases, warning that there could be risk -- going so far as to plead with the CEOs of both companies to meet once again to talk settlements. In a filing over the weekend, the companies said they had met to narrow the claims, but did not come to any agreements.