Professor Mark Lemley weighs in on the role of an experienced jury foreman in determining the outcome of litigation between Apple and Samsung for Bloomberg Business Week.

Apple Inc. (APPL:US) and Samsung Electronics Co. both trusted a retired IBM executive with patent litigation experience to give them a fair trial.

When jury foreman Thomas Dunham handed over the verdict in court May 2, it wasn’t a sweeping victory for either company. Apple got just $120 million of the $2 billion it sought for infringement of its smartphone patents, while Samsung won one of its two claims against the iPhone maker.

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When jury foreman Thomas Dunham handed over the verdict in court May 2, it wasn’t a sweeping victory for either company. Apple got just $120 million of the $2 billion it sought for infringement of its smartphone patents, while Samsung won one of its two claims against the iPhone maker.

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Mark Lemley, a professor at Stanford Law School who specializes in intellectual property, said before the trial that for someone with Dunham’s background, “both sides might see him as a potential ally.”