July 31, 2012, 12:13 PM —
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The 10 California jurors who will decide the rights and wrongs in the battle between Apple and Samsung were sworn in late Monday and alongside instructions on how to proceed during the case, the U.S. judge presiding over the case explained to them the basics of the high-profile battle.
So much has been written in the media -- both factual and opinionated -- about the case that it might seem familiar to many, but the jurors have been told they aren't allowed to read press reports, research it or do their own investigations. The jury members had earlier said they hadn't been following the case, so Judge Lucy Koh brought them up to speed.
Here's how the battle between the two companies was explained to the jurors by Koh, of the U.S. District Court for the Northern District of California. (Clicking through the links will take you to the respective sections of the jury instructions document, so you can see the original for yourself.)
Koh began by summarizing the basics of how the case would be run and explaining what is and what isn't evidence, how they should measure the credibility of witnesses, the need to take notes, how the jurors should conduct themselves, and other items that are common to many cases.
She got down to the nitty gritty of the case and provided an overview of the different types of patents at dispute in the case.
"There are two basic types of patents in the United States: utility patents and design patents. In general terms, a "utility patent" protects the way an article is used and works. It also protects a method or process of making or doing something. On the other hand, a "design patent" protects the way an article looks. A design patent protects the ornamental design of an article of manufacture. 'Ornamental design' means the shape of the design and/or the surface decoration on the design."
