Article by: Andrew J. Wilhelm

41 PEPP. L. REV. 817 (2014)

After a three-week trial, the jury delivered its much-anticipated decision in only three days, taking the technology and legal worlds by storm. On August 24, 2012, a nine-member jury rendered a verdict of over one billion dollars for Apple in its high-profile patent litigation against Samsung. The jury was diverse but decidedly not a panel of patent experts: among the two women and seven men were a “social worker, an engineer[,] and an unemployed videogame enthusiast.” One juror had experience testing the quality of lunch boxes. Although one juror had experience with patent registration, the court dismissed another potential juror with actual patent experience. Of the nine jurors, only one had prior jury experience, and eight had no experience with the trial’s subject matter. However, the jury was not uneducated—six had college degrees. For such a high-profile technology trial, the jury was not terribly tech-savvy. In fact, only one juror owned an iPhone, and none owned a Samsung phone. In sum, the jury was composed of average people who, like the vast majority of Americans, had no prior experience adjudicating litigation.

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