Apple, Inc. v. Samsung Elecs. Co.

• Decision Date: 18 August 2012
• Docket Number: Case No.: 11-CV-01846-LHK
• Court: U.S. District Court — Northern District of California
• Parties: APPLE, INC., a California corporation, Plaintiff and Counterdefendant, v. SAMSUNG ELECTRONICS CO., LTD., A Korean corporation; SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, Defendants and Counterclaimants.

APPLE, INC., a California corporation, Plaintiff and Counterdefendant,

v. SAMSUNG ELECTRONICS CO., LTD., A Korean corporation; SAMSUNG ELECTRONICS AMERICA, INC.,a New York corporation; SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,a Delaware limited liability company, Defendants and Counterclaimants.

Case No.: 11-CV-01846-LHK

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Dated: August 18, 2012

ORDER ON JURY INSTRUCTIONS

OBJECTION PROCEDURE;

TENTATIVE FINAL JURY

INSTRUCTIONS (PART I)

In an effort to provide the parties as much advance notice as possible, the Court will file tentative final jury instructions in installments as they are prepared. The Court will file one complete set of tentative final jury instructions on Sunday, August 19, 2012, which will reflect the Court's rulings on all objections made by the parties regarding disputed instructions in ECF No. 1694. Attached as Exhibit A is the first installment of tentative general civil and utility patent instructions that are currently ready.

The Court is revising the procedure for objecting to jury instructions. The parties shall still file no more than 16 pages of their 8 high priority objections by 8:00 a.m. on Monday, August 20,2012. However, the parties shall not file any other objections. Instead, the parties shall be prepared to argue all of their objections at the hearing on Monday, August 20, 2012, to preserve their objections for appeal. On Sunday, August 19, 2012, the Court will set the time of Monday's hearing as well as the parties' time limits for orally objecting to the jury instructions.

IT IS SO ORDERED.

______________

LUCY H. KOH

United States District Judge

EXHIBIT A

GENERAL CIVIL INSTRUCTIONS

FINAL JURY INSTRUCTION NO. 1.1C

DUTY OF JURY

Members of the Jury: Now that you have heard all of the evidence, it is my duty to instruct you as to the law of the case.

Each of you has received a copy of these instructions that you may take with you to the jury room to consult during your deliberations.

You must not infer from these instructions or from anything I may say or do as indicating that I have an opinion regarding the evidence or what your verdict should be.

It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so.

In following my instructions, you must follow all of them and not single out some and ignore others; they are all important.

Source

Ninth Circuit Model Civil Jury Instructions - 1.1C (2007 ed.)

[UNDISPUTED] FINAL JURY INSTRUCTION NO. 1

BURDEN OF PROOF—PREPONDERANCE OF THE EVIDENCE

When a party has the burden of proof on any claim or defense by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim or defense is more probably true than not true.

You should base your decision on all of the evidence, regardless of which party presented it.

Source

Ninth Circuit Model Civil Jury Instr. - 1.3 (2007 Ed.).

[UNDISPUTED] FINAL JURY INSTRUCTION NO. 2

BURDEN OF PROOF—CLEAR AND CONVINCING EVIDENCE

When a party has the burden of proving any claim or defense by clear and convincing evidence, it means you must be persuaded by the evidence that the claim or defense is highly probable. This is a higher standard of proof than proof by a preponderance of the evidence.

You should base your decision on all of the evidence, regardless of which party presented it.

Source

Ninth Circuit Model Civil Jury Instr. - 1.4 (2007 Ed.).

[UNDISPUTED] FINAL JURY INSTRUCTION NO. 2.1

TWO OR MORE PARTIES—DIFFERENT LEGAL RIGHTS

You should decide the case as to each party separately. Unless otherwise stated, the instructions apply to all parties.

Source

Ninth Circuit Model Civil Jury Instr. - 1.5 (2007 Ed.).

PROPOSED FINAL JURY INSTRUCTION NO. 14

WHAT IS EVIDENCE

The trial is now over. The evidence you are to consider in deciding what the facts are consists of:

1. the sworn testimony of any witness;

2. the exhibits which are received into evidence; and

3. any facts to which the lawyers have agreed.

Source

Adapted from Ninth Circuit Model Civil Jury Instructions - 1.6 (2007 Edition).

PROPOSED FINAL JURY INSTRUCTION NO. 15

WHAT IS NOT EVIDENCE

In reaching your verdict, you may consider only the testimony and exhibits that were received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are. I will list them for you:

(1) Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they said in their opening statements and throughout the trial, and what they will say in their closing arguments or at other times are all intended to help you interpret the evidence. But these arguments and statements are not evidence. If the facts as you remember them differ from the way the lawyers have stated them, your memory of them controls.

(2) Questions and objections by lawyers are not evidence. Attorneys have a duty to their clients to object when they believe a question is improper under the rules of evidence. You should not be influenced by the objection or by the court's ruling on it.

(3) Testimony that has been excluded or stricken, or that you have been instructed to disregard, is not evidence and must not be considered. In addition, sometimes testimony and exhibits are received only for a limited purpose; when I give a limiting instruction, you must follow it.

(4) Anything you may have seen or heard when the court was not in session is not evidence. You are to decide the case solely on the evidence received at the trial.

Source

Adapted from Ninth Circuit Model Civil Jury Instructions - 1.7 (2007 Edition).

PROPOSED FINAL JURY INSTRUCTION NO. 16

EVIDENCE FOR LIMITED PURPOSE

Some evidence may have been admitted for a limited purpose only. You must consider it only for that limited purpose and for no other.

Source

Adapted from Ninth Circuit Model Civil Jury Instructions - 1.8 (2007 Edition).

[UNDISPUTED] FINAL JURY INSTRUCTION NO. 3

CHARTS AND SLIDES NOT RECEIVED IN EVIDENCE

Certain charts and slides not received in evidence have been shown to you in order to help explain the contents of books, records, documents, or other evidence in the case. They are not themselves evidence or proof of any facts.

Source

Adapted from Ninth Circuit Model Civil Jury Instr. - 2.12 (2007 Ed.).

[UNDISPUTED] FINAL JURY INSTRUCTION NO. 4

CHARTS AND SUMMARIES IN EVIDENCE

Certain charts and summaries have been received into evidence to illustrate information brought out in the trial. You may use those charts and summaries as evidence, even though the underlying documents and records are not here. You should give them only such weight as you think they deserve.

Source

Adapted from Ninth Circuit Model Civil Jury Instr. - 2.13 (2007 Ed.).

PROPOSED FINAL JURY INSTRUCTION NO. 17

DIRECT AND CIRCUMSTANTIAL EVIDENCE

Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is proof of one or more facts from which you could find another fact. You should consider both kinds of evidence. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give to any evidence.

Source

Ninth Circuit Model Civil Jury Instructions - 1.9 (2007 Edition).

PROPOSED FINAL JURY INSTRUCTION NO. 18

CREDIBILITY OF WITNESSES

In deciding the facts in this case, you may have to decide which testimony to believe and which testimony not to believe. You may believe everything a witness said, or part of it, or none of it. Proof of a fact does not necessarily depend on the number of witnesses who testified about it.

In considering the testimony of any witness, you may take into account:

(1) the opportunity and ability of the witness to see or hear or know the things testified to;

(2) the witness's memory;

(3) the witness's manner while testifying;

(4) the witness's interest in the outcome of the case and any bias or prejudice;

(5) whether other evidence contradicted the witness's testimony;

(6) the reasonableness of the witness's testimony in light of all the evidence; and

(7) any other factors that bear on believability.

The weight of the evidence as to a fact does not necessarily depend on the number of witnesses who testify about it.

Source

Ninth Circuit Model Civil Jury Instructions - 1.11 (2007 Edition).

PROPOSED FINAL JURY INSTRUCTION NO. 19

IMPEACHMENT EVIDENCE—WITNESS

The evidence that a witness lied under oath or gave different testimony on a prior occasion may be considered, along with all other evidence, in deciding whether or not to believe the witness and how much weight to give to the testimony of the witness and for no other purpose.

Source

Ninth Circuit Model Civil Jury Instructions - 2.8 (2007 Edition).

PROPOSED FINAL JURY INSTRUCTION NO. 20

TAKING NOTES

You may have taken notes during the trial. Whether or not you took notes, you should rely on your own memory of the evidence. Notes are only to assist your memory. You should not be overly influenced by your notes or those of your fellow jurors.

Source

Adapted from Ninth Circuit Model Civil Jury Instructions - 1.14 (2007 Edition).

PROPOSED FINAL JURY INSTRUCTION NO. 21

DEPOSITION IN LIEU OF LIVE TESTIMONY

You heard some witnesses testify by deposition. A deposition is the sworn testimony of a witness taken before trial. The witness is placed under oath to tell the truth and lawyers for each party may ask questions. The questions and answers are recorded.

You should consider deposition testimony, presented to you in court in lieu of live testimony, insofar as possible, in the same way as if the witness had been present to testify.

Source

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