Samsung has requested the $1 billion Apple v. Samsung trial verdict be thrown out on claims that jury foreman Velvin Hogan's failure to disclose a previous lawsuit and bankruptcy led to a biased decision.
The Korean company contends that because Hogan didn't tell presiding Judge Lucy Koh of a personal bankruptcy filing from 1993 and a suit from former employer Seagate Technology, his presence in jury deliberations may have colored the final verdict, reports Bloomberg.
âMr. Hoganâs failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore,â Samsung said. Also mentioned were statements Hogan made to media outlets after the verdict, which Samsung argues is a sign that he didn't answer the courtâs questions âtruthfullyâ to âsecure a seat on the jury.â
In the filing, Samsung called its link with Seagate a "substantial strategic partnership," and noted the lawyer who filed the complaint against Hogan in 1993 is apparently married to an attorney who works for Quinn Emanuel Urquhart & Sullivan, the law firm representing Samsung in its California case against Apple.
When Hogan spoke with Bloomberg on Monday, he denied any misconduct and noted the court's instructions for potential jurors required they disclose any prior involvement in litigation over the past ten years. He said the Seagate suit fell outside of the specified time range.
âHad I been asked an open-ended question with no time constraint, of course I wouldâve disclosed that,â Hogan said. âIâm willing to go in front of the judge to tell her that I had no intention of being on this jury, let alone withholding anything that wouldâve allowed me to be excused.â The jury elected Hogan foreman due in part to his experience as an electrical engineer. He claims the only dissenting vote was his own.
As for the jury selection process, Hogan said, âI answered every question the judge asked meâ and Samsung âhad every opportunity to question me.â Hogan said.
He was also surprised to hear that Samsung didn't know of the history referred to in Tuesday's filing, given that the lawyer cited in the claim is married to another lawyer working for the firm representing the company.
Hogan said he questions if Samsung âlet [him] in the jury just to have an excuse for a new trial if it didnât go in their favor.â
115 Comments
It just never ends with this company, does it? Think I'll sell my TV and get a different brand, just on these stories alone. They try to reverse eveything. Great going, gnusmaS.
Is this not libel what Samsung is doing? Samsung lost against a big company and now singling out this one individual?
Following the bizzare comments from the guy post-trial, this was just a matter of time.
The whole failing to provide the feedback re:lawsuit just adds a whole lot more substance to their discussion.
He should have never been in the trial
Is this not libel what Samsung is doing?
Samsung lost against a big company and now singling out this one individual?
Not libel if the person is on court records saying one thing, while evidence shows another.
THE NEXT QUESTION IS, HAVE YOU OR A FAMILY MEMBER OR SOMEONE VERY CLOSE TO YOU EVER BEEN INVOLVED IN A LAWSUIT, EITHER AS A PLAINTIFF, A DEFENDANT, OR AS A WITNESS?
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