Judge to consider Samsung's questions about jury foreman

Samsung has alleged that the jury foreman was untruthful and biased in a patent trial pitting the company against Apple

A court in California said Thursday that it would consider Samsung Electronics' concern that the foreman of the jury deciding a patent infringement lawsuit between Apple and Samsung had concealed information.

A jury in California decided in August that the South Korean company must pay Apple US$1.05 billion for infringing several of its patents in Samsung smartphones and tablets.

Samsung has, however, asked for a new trial of the case, alleging that the foreman of the jury, Velvin Hogan, was untruthful and biased. In the voir dire, a court procedure of questioning prospective jurors for potential bias, Hogan did not mention that he had been sued by his former employer, Seagate, for breach of contract after he failed to repay a promissory note in 1993 and filed for bankruptcy six months later, according to the filing on Oct. 2.

Samsung has a "substantial strategic relationship with Seagate," and is the single largest direct shareholder of the hard drive manufacturer after selling it a business division last year, it said in the filing.

On Oct. 30, Samsung filed a motion to compel Apple to disclose the circumstances and timing of Apple's discovery of certain information regarding the jury foreman.

Judge Lucy H. Koh of the District Court for the Northern District of California, San Jose division, wrote in her order on Thursday that 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," Judge Koh wrote.

The court will address Samsung's motion to compel at a Dec. 6 hearing. If the court grants the motion, it will likely order supplemental briefing before ruling on Samsung's motion for judgment as a matter of law, Koh said.

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags Appleintellectual propertySamsung Electronicslegalpatent

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?