Judge Koh will review whether Apple vs. Samsung jury foreman hid information

Apple’s court case versus Samsung is probably the most high profile patent litigation suit in the history of modern technology. In the end, the jury found Samsung guilty of infringing upon a few OS design patents, and demanded that the Korean firm pay in the region of $1 billion to Cupertino. After the case was wrapped up, the jury foreman, Velvin Hogan was interviewed by a few publications an TV stations regarding the process. Within one interview, he stated that he had helped the rest of the jury understand what which patents were valid, and what the conditions were for them to be considered breached.

Needless to say, Samsung didn’t take kindly to this influence within the deliberation period, and quickly found him suspicious. The company formed an appeal, claiming he had swayed the other jurors in to agreeing with him and stated that he had motive too. Hogan was previously employed by SeaGate, a company in which Samsung has a pretty high stake.

Following all this, Judge Koh has stated that she will look in to the appeal:

 On October 30, 2012, Samsung filed a motion to compel Apple to disclose the circumstances and timing of Apple’s discovery of certain information regarding the jury foreperson. On November 2, 2012, Apple filed an opposition. At the December 6, 2012 hearing, the Court will consider the questions of whether the jury foreperson concealed information during voir dire, whether any concealed information was material, and whether any concealment constituted misconduct. An assessment of such issues is intertwined with the question of whether and when Apple had a duty to disclose the circumstances and timing of its discovery of information about the foreperson.

According to CNET, it would be very unusual and very difficult to overturn the jury’s decision. But, you can’t blame Samsung for trying. I know I would if I was set to lose $1B.


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  • Jase4u

    Whenever Samsung is mentioned, we inevitably bring up the subject ‘Apple’- lets all face it most of us have been entrenched and divided by contrasting views.I’m not naive in thinking things are black and white but I do feel and hope this war is coming to an end and one would think common sense prevails. Judge Koh should ultimately be swayed by the body of opinion that Apple patented other peoples patents and abused the powers of litigation to attack its rivals.Its clear to see real innovation lies with Samsung and the remaining ilk, including LG, Sharp or whoever one choose to name etc.Once we start wallpapering our entire living rooms with flexi-TVs, will the kudos go to Apple for inventing round corners on rectangles, I think not.