Think of this case as a learning experience for Judge
Koh. Recently
appointed means her experience with such a high profile case
is low. She made
mistakes.
Now's the time to correct those mistakes and in as fair a
manner as
possible.
No judge likes being over turned by the appellate court.
Correcting her mistakes, like with the juror is important.
It's obvious, as
noted in Dyer (see message above). Mr.
Hogan eagerness should have been a clue
to thank him and
send him out the door. That he bald faced lied, showing he
was not impartial, and broke his word, given to her, about
not using his past
experience with patents in the jury room,
certainly is grounds for a new trial.
Three strikes
should
be enough!
The fact that the jury
completely ignored her
instructions
about how to monetize damages is another
issue to address.
That also speaks to her ability to make workable jury
instructions. This is another place she needed experience,
now has it and will
likely do a better job, next time.
She wants Apple and Samsung to settle
out of court so she
doesn't have to clean up her mess, but that's not going to
happen. We'd all like that when we screw up. Someone else
to fix the problem
so we don't loose face.
As a friend said about republican whinning the
days and
weeks after the elections 'Cowboy up buttercup; he's
president
now.' Judge Koh. Cowboy up. You're a federal
judge now. [ Reply to This | Parent | # ]
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