Samsung Parries Apple's 7th Amendment Arguments ~pj
Groklaw 2013-04-22
Summary:
Apple's response on the Seventh Amendment issue (Dkt. 2303 ("Opp.")) offers no answer to the constitutional problem presented by a damages-only new trial in the circumstances of this case, where a second jury would necessarily have to reexamine infringement findings determined by the first jury because the scope and extent of infringement as to the design patents and some utility patents are inextricably tied to the amount of damages. Samsung did not waive this argument because the proper scope of a new trial could not be addressed until a new trial was ordered.1...The parties also argue further on Apple's conditional motion for reconsideration of damages.A waiver of a jury trial right can never be implied. Ostlund v. Bobb, 825 F.2d 1371, 1373 (9th Cir. 1987) ("A waiver of a constitutional right is not to be implied and is not lightly to be found."); see Aetna Ins. Co. v. Kennedy, 301 U.S. 389, 393 (1937) ("as the right of jury trial is fundamental, courts indulge every reasonable presumption against waiver."); California Scents v. Surco Prods., Inc., 406 F.3d 1102, 1108 (9th Cir. 2005) (same). In any event, Samsung did object to the scope of the new trial promptly as soon as the new trial Order issued and made clear that the ordered new trial would require the second jury to reexamine findings necessarily made by the first jury. Moreover, contrary to Apple's suggestion, Samsung did not request a new trial only on damages, but rather sought JMOL or a new trial "as to each and every claim and issue on which Apple prevailed before the jury," Dkt. 2013 at 1, and did not limit that broad request to particular errors, including damages errors.