Tip Us!

All input fields are optional, fill out as much or as little as you'd like.

Samsung says Apple patent verdict was tainted because of jury foreman’s misconduct

by on October 4, 2012 8:47 am
6
views1743
39
0
0

Apple scored a big win over Samsung this August, when a California district court ruled in favor of the Cupertino company in its patent infringement lawsuit against Samsung. The Korean company was ordered to pay more than $1 billion in damages for having infringed on Apple's patents and diluted its “trade dress.” However, Samsung is still seeking other legal remedies, among these trying to shoot down the jury’s decision because of juror misconduct.

In a request to dismiss the verdict, Samsung says that jury foreman Velvin Hogan failed to disclose his bankruptcy filing in 1993, and the fact that he was sued by hard drive-maker Seagate, his former employer.

It may sound far-fetched initially, but here's where the bias might come from. Samsung says it has a “substantial strategic relationship” with Seagate. Meanwhile, the lawyer who sued Hogan is married to one of the lawyers who represented Samsung in the Apple vs. Samsung trial. As such, Samsung says Mr. Hogan, as foreman, may have been influenced by these relationships in leading the jury to decide against the defendant.

“Mr. Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore,” said the company in a statement, suggesting that Hogan may have not been very truthful in answering court questions in order to “secure a seat on the jury.”

In an interview with Bloomberg, though, Hogan downplayed the accusations, saying that the court only requires potential jurors to disclose litigation in the past 10 years, saying that the bankruptcy case and Seagate litigation fell outside of this time period. Mr. Hogan was chosen as the jury foreman partly on the basis of his prior experience with patents, having obtained his own patent on “video compression software” for a hobby of his.

Hogan likewise wonders whether Samsung allowed him on the jury “just to have an excuse for a new trial if it didn’t go in their favor.” He said he agreed to take part in jury duty and even “took it as an honor” due to the lawsuit's relevance to his being an electrical engineer, his profession for the past four decades.

Samsung has not responded to Mr. Hogan's statements, as of writing.

Do the juror's past lawsuits and relationships with the aforesaid parties warrant bias? Or is Samsung making a last-ditch attempt that is not likely to hold water?

JUNIOR EDITOR

Facebook Google+ E-mail

J. Angelo Racoma is a journalist and community manager with a keen eye for emerging standards and technologies. He is passionate about the enabling nature of mobile devices in both emerging and established markets. Aside from mobile and apps, Angelo has an interest in enterprise software and technology startups as an editor for Tech Wire Asia and e27.co.

YOU MIGHT LIKE

Samsung Wallet announcement
Comments
  • Hardik Choudhary

    I would love the GS4 and the HTC One…But more of my support goes to the GS4….The most obvious reason for that is I have got a new GS4 and not the HTC One.

  • NexusNation

    Funny, all things considered I’d easily rank the Galaxy Nexus over the Galaxy S3, yet The Nexus 4 listed AFTER the S3. That’s a head scratcher.

  • simpleas

    Put simply, now that HTC is gone, you will get jack support. If you thought support was bad before, you haven’t seen nothin yet. Note 2 FTW! lol It’s a good time to be a Samsung fan ~ woot.

  • http://www.facebook.com/jerry.casey.982 Jerry Casey

    Maybe I’ll get the s4 on 5-23. Can’t wait!

  • obie

    can any one tell me what is there any difference between Samsung galaxy s3 Korean version or Samsung galaxy s3 international version which is also known as the original one and why is it so cheap then , is the camera quality same of both please help me !!

Would you like to view our mobile friendly site? Try it out