Affiliate Disclosure
If you buy through our links, we may get a commission. Read our ethics policy.

Jury selected for second California Apple v. Samsung patent trial, Apple's Schiller first to testify

Slide from first Apple v. Samsung jury trial. | Source: U.S. Northern California District Court

Last updated

After a day-long selection process, the jury for Apple's second California patent trial against Samsung has been decided and proceedings are set to kick off on Tuesday with Apple's first witness: the company's SVP of Worldwide Marketing Phil Schiller.


According to in-court reports from Re/code, the jury consists of six women and two men who were vetted by counsel for both parties. Among the jurors are iPhone owners and employees of various tech companies.

Tweets from other reporters on the scene note potential jurors dismissed from the final panel included AAPL stockholders and owners of various devices (both Apple and Samsung). One juror claimed not to know what an iPad was, while another did not own a cellphone.

Although more than a few prospective jurors had feelings or were somehow affected by Apple or Samsung's products, almost none showed interest in the U.S. patent system. More importantly, the final set does not include members with significant experience with patents, something that played against Samsung's favor in the first trial with a jury foreman who owned multiple properties.

Google and its Android operating system are thought to play a more prominent role in the second Apple v. Samsung skirmish. To that point, Samsung attorney Bill Price asked at least one person if they harbored any negative feelings against the Internet search giant.

As for the first witness to be called to the stand, Apple counsel Harold McIlhenny said the Cupertino, Calif., company's SVP of Worldwide Marketing Phil Schiller will be first at bat when testimony begins. If all goes to plan, Schiller will take the stand on Tuesday.

Prior to the upcoming trial, the marketing guru played a key role in post-trial proceedings of the first Apple v. Samsung jury trial, which saw the two companies battle over $400 million worth of vacated damages. Apple won the retrial and was awarded $290 million in November.

It was previously reported that Schiller would reprise his role in court to testify on a wide range of topics, including "design, development, promotion, marketing, advertising, consumer demand for, and sales of the iPhone." Schiller is on both parties' witness lists.

Opening arguments for Apple v. Samsung trial begin tomorrow at 9 a.m. Pacific.



10 Comments

ericthehalfbee 13 Years · 4489 comments

So is the former IBM employee going to be the one Samsung and their legion of fans vilify for "helping" the jury to understand patents? Who will Samsung "knowingly" leave on the jury as an excuse for a possible mistrial?

suddenly newton 14 Years · 13819 comments

[quote name="EricTheHalfBee" url="/t/176814/jury-selected-for-second-california-apple-v-samsung-patent-trial-apples-schiller-first-to-testify#post_2507741"]So is the former IBM employee going to be the one Samsung and their legion of fans vilify for "helping" the jury to understand patents? Who will Samsung "knowingly" leave on the jury as an excuse for a possible mistrial?[/quote] LOL. Hard to imagine that jury consultants haven't been involved on both sides.

jb2unique 10 Years · 1 comment

Jury and judge paid for, you know how it's going to turn out already.

lightknight 14 Years · 2311 comments

What a broken system where companies get to choose who is an adequate jury. Feels like W40K, deployment phase... Also, the jury who spent valuable months jurying for trial 1 must feel they lost a bit of their life for no reason, with another trial going on..