Samsung Wants Apple Verdict Thrown Out, Claims Foreman Lied - Technologist
Technologist - The FindLaw Legal Technology Blog

Samsung Wants Apple Verdict Thrown Out, Claims Foreman Lied

Samsung has made no secret of its disappointment with the infamous Apple v. Samsung verdict but its new strategy is to challenge the jury foreman's impartiality.

The company's latest filings accuse Velvin Hogan of lying to get on the jury and impermissibly tainting the results. Hogan served as the foreman in the case which concluded in August.

It's not a particularly robust claim against Hogan and he denies lying during the initial interview of jurors. Still, Samsung is arguing it's enough to get the verdict thrown out.

The statements at issue are about Hogan's past legal history. Samsung claims when asked about lawsuits he'd been involve in Hogan left out a relevant piece of litigation.

Back in 1993 Hogan was sued by his former employer, Seagate Technology, Inc., according to Ars Technica. Seagate has a "substantial strategic relationship" with Samsung which amounts of Samsung essentially owning the company.

Hogan ultimately lost the suit and was forced to file for bankruptcy as a result.

Samsung claims that this omission raises issues of bias and accuses Hogan of deliberately failing to answer questions truthfully in order to get on the jury, reports Bloomberg. Hogan disagrees.

He told reporters that he didn't intend to leave out the lawsuit but the question posed to him was whether he had been involved in any lawsuits in the last 10 years. The 1993 litigation is far outside that time limit. Had he been asked directly or without a time limit Hogan claims he would have disclosed the suit and bankruptcy.

Samsung is also questioning Hogan's enthusiasm for the case but who wouldn't feel some civic pride for playing a role in one of the most important patent cases in U.S. history?

That's especially true if, like Hogan, that person was an engineer with some experience with patents.

Samsung knew that Hogan had worked with attorneys to file his own patent but chose not to dismiss him during jury selection, reports Ars Technica.

This isn't Samsung's only challenge to the court's decision but it may be their most creative. Still, Hogan isn't taking their accusations lying down. He told reporters he's willing to go back to court to prove that he wasn't biased.

Related Resources: