Apple vs. Samsung $1 billion row not over yet – judge to review possible jury foreman misconduct

// November 9th, 2012 // Mobile

It’s the song that never ends.  Federal District Judge Lucy Koh will “consider the questions” of whether the jury foreman, Velvin Hogan, in the Apple v. Samsung case, concealed information during the jury selection process and whether there was any misconduct on the jury foreman’s part.  Apple will be required to disclose any information they had gathered on the jury foreman in question, including the undisclosed fact that the foreman had been sued by his previous employer, Seagate.  According to Samsung, Seagate and Samsung have a “substantial strategic relationship” (Samsung is a shareholder of Seagate) and the jury foreman was biased.  The jury foreman’s battle with Seagate was life-changing for him – he was forced to declare bankruptcy in 1993 after the litigation.

From Judge Koh’s order:

“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.”

Apple have added that it was up to Samsung’s lawyers to quiz and approve jury members before the trial.

Samsung’s call for a retrial will be heard on 6th December by judge Lucy Koh in the same San Jose court where the original verdict was handed down.

 

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