A federal jury did not reach a verdict Wednesday in the multibillion-dollar patent feud between Apple and Samsung, but it sent several cryptic notes seeking more evidence, including what late Apple CEO Steve Jobs may have said about suing his rivals.
The eight-member jury [resumed] deliberating Thursday morning as it weighs Apple's claims that Samsung violated five patents in iPhone and iPad technology and should pay $2.2 billion in damages.
During the course of Wednesday's deliberations, the jury delivered five notes seeking clarification from U.S. District Judge Lucy Koh. Among other questions, the jury wanted to know if there was more evidence about what Jobs said "at the moment" Apple decided to sue Samsung or about suing Google, whose Android technology runs the Samsung phones at issue in the trial.
Samsung's defense in the trial was that Apple's patent claims all involve Android's software technology, and that Google is Apple's real target. Google is not a defendant in the case, but Jobs was quoted in his autobiography pledging "thermonuclear war" against the company because he viewed Android as copied technology.
In addition, the jurors in another note asked whether there is other evidence about why Apple chose the five patents it alleges Samsung infringed (there were originally far more patent claims in Apple's lawsuit, but the case was pared down for trial). The jury also asked if there was more evidence about the Samsung CEO's response to Apple's initial claims of copying.
The judge, however, instructed the jury they can consider only what was presented during the four-week trial. There was no direct evidence addressing those questions.
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