“Apple Inc. said it wasn’t aware during trial that the foreman of the jury that issued a $1.05 billion verdict against Samsung Electronics Co. was involved in a lawsuit with his former employer, Seagate Technology Inc.,” Joel Rosenblatt reports for Businessweek. “Samsung is attempting to get the Aug. 24 verdict thrown out based on claims the trial was tainted by the foreman’s failure during jury selection to tell U.S. District Judge Lucy H. Koh, who presided over the case, that he filed for bankruptcy in 1993 and was sued by Seagate.”
“Samsung asked Apple to disclose when it first learned about the litigation between the jury foreman, Velvin Hogan, and Seagate,” Rosenblatt reports. “Apple responded in a filing yesterday in federal court in San Jose, California. ‘Apple has not identified any Apple attorney or other member of the Apple litigation teams who was aware that Mr. Hogan had been a party to lawsuits involving Seagate until after the conclusion of trial, when Samsung raised the matter in connection with its post-trial motions,’ Apple said in its filing.”
Rosenblatt reports, “Judge Lucy Koh has scheduled a Dec. 6 hearing to weigh Apple’s bid, based on the verdict, for a permanent U.S. sales ban on at least eight Samsung smartphone models and the Tab 10.1 tablet computer. She will also consider Samsung’s juror misconduct claims.”
Read more in the full article here.
MacDailyNews Take: Samsung’s grasping at straws, but predicting an outcome from the U.S. legal system is a fool’s errand. If we had to bet on anything, we’d bet that Samsung’s lawyers made sure Hogan was on that jury as insurance in the event they lost. Yes, it’s pretty weak insurance, but it’s something, at least (Judge Lucy bought enough of it not to have dismissed it out of hand). And, judging by the evidence below, it’s quite likely Samsung’s legal team knew full well that their chances of losing were high.
Apple’s products came first, then Samsung’s:
Related articles:
Samsung claims jury foreman ‘misconduct’ tainted Apple patent case – October 3, 2012
Apple calls Samsung’s allegation of jury misconduct ‘frivolous on its face’ – September 26, 2012
Judge Lucy Koh to consider whether foreman in Apple v. Samsung concealed info – November 9, 2012
Samsung goes after jury foreman in bid to reverse Apple verdict – September 26, 2012
If I remember right, the jury questionnaire had a timeframe to it (ex. been involved in a lawsuit in last 10 years) and his lawsuit fell out of that timeframe.
That is what he said in that taped interview. I really hope it’s true and Judge Koh sees this whole thing as another way Samsung’s legal team is wasting the court’s time.
Why that matter? It was involving Seagate not sameshit! May somebody explain in plan English?
In 2011, Seagate bought out Samsung’s hard drive business:
http://bits.blogs.nytimes.com/2011/12/20/seagate-samsung-acquisition/
So of course, anyone sued by Seagate 18 years previous to that acquisition and 19 years previous to this trial will have a grudge against Samsung and throw the trial in Apple’s favor. 😯
Why Judge Koh is even listening to Samsung’s childish whining is beyond comprehension. Who is REALLY wasting the court’s time here?
“Why Judge Koh is even listening to Samsung’s childish whining is beyond comprehension.”
Exactly! Samsung are trying to rewrite the law to suit themselves, and Judge Koh seems to be going along with it. Unbefuckinglievable…
What could really kill the case would be Judge Koh having to recuse herself for bias toward Samsung. That would be fascinating.
Please let’s clean up the language. Really not necessary.
The real question:
When did Samsung know?
If Samsung rigged the jury with this foreman in order to create a mistrial, that stupid company is more pathetic than even I can imagine. Lameness defined.
Logic and justice don’t get the mileage where Apple is concerned.
Can Apple ask Samesung when THEY knew about it? That would be the more important piece of information.
But would Samsung give you an answer you could believe?
Samsung: Your DESPERATION is showing.
Another reason (if we really needed more) to boycott Samsung products.
Have boycotted all Samsung products including appliances since they started copying Apple products. Will never buy
another Samsung product!
I purchased a new TV the other day and I chose a Sony. “No baloney”. Like you,when it comes to buying any type of appliance or device, it certainly won’t be Samsung.
Samsung is justifiably doing its best to nullify or neutralize the jury’s decision, any companies would do that when facing with a threat. It’s counting on Koh (Samsung’s trump card) to come through for it.
It does not surprise me if Koh either dismisses the case or significantly reduces the reward to less than 5% of the original total which amounts to a slap on the wrist or validation of Samsung’s license to steal.
It may not be right or just, but that’s how the game is played in the often biased and corrupt court system. Samsung is not being where it is without knowing how to play hardball or rig the system.
You can also forget about boycotting Samsung as an effective means to hurt its business. There are hundreds or more fandroids or ignorant consumers who happily step up to buy Samsung products for each of you who doesn’t.
Sadly, Samsung has also won public opinion here and abroad which views Apple as a bully in its fight against Samsung. Visit a few non-proApple sites and see the hatred towards Apple and its products for yourself.
You do realise those “people” you see on forums are a very vocal, but a minority, of fandroids? Regular folk whose phone isn’t a primary concern in their life would never spend the effort of commenting in those stories.
Wouldn’t surprise me if some of the commenters were employed by Scamsung (there are “work from home” companies that do this sort of “work”), especially looking how similar some of the comments are. It wouldn’t be the first time Samsung played dirty like that, they were already caught hiring an UK ad agency, Spreading Jam, to impersonate Samsung fan blogs.
To get a sense of reality outside of fandroids, rabid Internet trolls and shills make sure you visit some Apple stores, which are amongst the most crowded and profitable around, and then ask yourself where that hatred really is.
“Non-proApple sites” doesn’t exclusively mean proAndroid sites. It include places like Huffington Post, Yahoo, Marketwatch, …
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You mean regular folks like you and me?
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So, folks outside of Apple sphere are fandroids, trolls, and shills.
1) What makes you think that fandroids stay within the boundaries of pro-Android websites? I don’t. As I said the comments in most places often have very similar content, e.g. “Apple also copied from Xerox” and other nonsense which are spread from pro-Android sites.
2) No I don’t mean you and me, by commenting on a here we’ve already shown we have a greater interest in the topic than most “regular” people.
3) You’re the one who’s trying to show that the world’s opinion reflect what’s said in some Internet comments, when in fact the Internet only tends to amplify the thoughts of disgruntled vocal minorities who have a motive to write.
On the other hand it’s a safe bet the number of shoppers at Apple stores or buying Apple products greatly outnumber those comments. Most of those people aren’t posting on forums, they’re happy with their purchase and have better things to do with their lives.
It’s a long story which I won’t go into details, but I recently found that due to an administrative error Samsung continued to pay me even after a contract I had with them expired (completely unrelated to Apple). Until they realised their mistake, they deposited over $10K into my account.
They asked me to repay it back, however my lawyer guaranteed I don’t have to. I don’t need their references or referrals and after the 12 months I was with them Samedung is the last place on Earth I’d work for again, so I just replied to them with a goodbye and thanks for all the fish.
News like this just comes to confirm that Samsung is a criminal, vile, manipulative company whose only creativity is directed at stealing and fraud (not surprising, their own CEO was arrested for that and had to buy his pardon from a mostly corrupt government), so I have no regrets about my decision.
The depth of my loathing for Samsung is so incredibly deep. I would not buy an SS product if someone paid me, well, maybe if they paid me a lot, I would see if whatever I bought would blend!
Samsung is so hated in Nigeria. Apple products are toast to African consumers, It is a known fact that samsung products destined for Africa are of lowest quality,that is why when you buy any Samsung appliances,you get an android phone free. Apple can not meet demand in Nigeria alone as there are lots of backlog orders for both the Ipad and Iphone.
so what is your point? Samsung sells its products everywhere. but apple can’t do that shit? that’s pathetic. premium product? what kind of excuse you try to make, huh? that’s why apple never win over samsung in terms of world business. apple is only good in US which everybody knows.
This Moron jury should have never appeared in camera, he should have dissapeared like the other no name jurors.
Some people just loooove being celebrities.