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	<title>Comments on: The Legal &#8220;Soap Opera&#8221; of Apple v Samsung Continues &#8211; Juror Misconduct</title>
	<atom:link href="http://mrpogson.com/2012/10/03/the-legal-soap-opera-of-apple-v-samsung-continues-juror-misconduct/feed/" rel="self" type="application/rss+xml" />
	<link>http://mrpogson.com/2012/10/03/the-legal-soap-opera-of-apple-v-samsung-continues-juror-misconduct/</link>
	<description>One man. Closing, all the windows.</description>
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		<title>By: Robert Pogson</title>
		<link>http://mrpogson.com/2012/10/03/the-legal-soap-opera-of-apple-v-samsung-continues-juror-misconduct/#comment-98818</link>
		<dc:creator>Robert Pogson</dc:creator>
		<pubDate>Wed, 03 Oct 2012 23:03:19 +0000</pubDate>
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		<description><![CDATA[dougman wrote, &lt;em&gt;&lt;font color=&quot;green&quot;&gt;&quot;The jury foreman should be looking at contempt.&quot;&lt;/font&gt;&lt;/em&gt;

I doubt courts want to punish jurors because they are essential to the system but this seems far removed from just a human mistake or misinterpretation of the rules. It appears to me to have been wilful. That should be punished.

Further, the other jurors were not exactly innocent. They had the court&#039;s instructions and did not follow them, for instance, taking &quot;evidence&quot; from the foreman. Why did none of them inform the court what was going on? Why did the one supposed fair-minded juror give in? Why did he not inform the judge extraneous evidence was presented to the jurors by the foreman? It&#039;s such a mess. I expect the judge will decide for a new trial or give her own ruling in place of the jury. She has a couple of choices at least. I would bet Samsung is drooling at the chance to do it over again with a different jury, now that they know how the judge operates. I would bet the judge would love to have a chance to give different rulings along the way. Everyone has had an education in this case.]]></description>
		<content:encoded><![CDATA[<p>dougman wrote, <em><font color="green">&#8220;The jury foreman should be looking at contempt.&#8221;</font></em></p>
<p>I doubt courts want to punish jurors because they are essential to the system but this seems far removed from just a human mistake or misinterpretation of the rules. It appears to me to have been wilful. That should be punished.</p>
<p>Further, the other jurors were not exactly innocent. They had the court&#8217;s instructions and did not follow them, for instance, taking &#8220;evidence&#8221; from the foreman. Why did none of them inform the court what was going on? Why did the one supposed fair-minded juror give in? Why did he not inform the judge extraneous evidence was presented to the jurors by the foreman? It&#8217;s such a mess. I expect the judge will decide for a new trial or give her own ruling in place of the jury. She has a couple of choices at least. I would bet Samsung is drooling at the chance to do it over again with a different jury, now that they know how the judge operates. I would bet the judge would love to have a chance to give different rulings along the way. Everyone has had an education in this case.</p>
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		<title>By: dougman</title>
		<link>http://mrpogson.com/2012/10/03/the-legal-soap-opera-of-apple-v-samsung-continues-juror-misconduct/#comment-98815</link>
		<dc:creator>dougman</dc:creator>
		<pubDate>Wed, 03 Oct 2012 22:35:40 +0000</pubDate>
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		<description><![CDATA[The story has just rolled into the next chapter and is no way complete.

The jury foreman should be looking at contempt.]]></description>
		<content:encoded><![CDATA[<p>The story has just rolled into the next chapter and is no way complete.</p>
<p>The jury foreman should be looking at contempt.</p>
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