by Chris Smith, 9 months ago
In late August Samsung suffered a crushing defeat in its first U.S. trial against Apple. The jury in the case found that several Android handsets infringe on up to 6 out of the 7 patents…
You gotta hand it to Samsung – a devastating verdict like the one served against the Koreans this summer might have brought other companies to their knees. But Samsung isn’t ready to give up the fight just yet, and is exploring every last option available, including pushing to have the verdict overturned by Judge Koh on grounds of jury misconduct. Clutching at straws? Perhaps, but at least no one can accuse Samsung of going down without a fight.
Samsung is putting its hopes in the alleged concealment of information by the foreman of the jury that awarded the record $1 billion judgment in Apple’s favor. The Koreans’ legal team says that Velvin Hogan has purposely hid the fact that he was sued by Seagate, his former employer. Samsung is one of the major shareholders of Seagate, so its lawyers argue that Hogan might hold a prejudice against the Korean manufacturer.
During voir dire, the stage of a trial when the members of the jury are selected, Hogan was asked about any litigations he was involved in, but failed to disclose two trials. Samsung’s team argues that it would have opposed Hogan’s selection if it had been aware of his dispute with Seagate.
But Hogan went on to become the jury foreman, and according to his own testimony, he had a decisive role in the judgment.
Judge Lucy Koh announced that she will allow Samsung to make its argument about Hogan in December. Legal experts say that it’s unlikely that Judge Koh would throw out the verdict without some solid evidence of wrongdoing on Velvin Hogan’s part. We’ll know more starting December 6, when Koh is expected to decide on the final amount of damages that Samsung will have to pay to Apple.