Apple calls Samsung’s allegation of jury misconduct ‘frivolous on its face’

“Late on Tuesday, Apple filed a first response to Samsung’s allegations of jury misconduct,” Florian Mueller reports for FOSS Patents.

“Apple does not oppose Samsung’s motion to seal all of its related accusations but wonders why Samsung brings such a motion after it ‘failed to redact enough material from its jury misconduct motion and supporting papers to keep the substance of its allegations secret,’ a failure that enabled the media to identify that Samsung’s attacks target jury foreman Velvin Hogan,” Mueller reports. “What Apple does oppose is Samsung’s request that the parties be barred from contacting members of the jury. That request doesn’t make sense to Apple given that the media would still be free to talk to any of the jurors, and in light of the willingness of several jurors to give interviews.

Mueller writes, “What I like about Apple’s motion is that Apple is at the same mindful of the jurors’ privacy and not at all afraid to discuss in public what needs to be addressed because of Samsung’s initiative. I continue to be very skeptical of Samsung’s chances of winning a new trial on the grounds of misconduct.”

Read more in the full article here.

Related article:
Samsung asks for new trial in patent dispute with Apple – September 25, 2012


  1. I’ve said it here before…

    Unless Samsung can show that the jurors explicitly
    1. violated the judge’s instructions
    2. violated the law
    3. lied during questioning before being empaneled
    Samsung has about a snowball’s chance in hell of getting a new trial based upon juror actions or statements.

    Trying to get a new trial because one juror supposedly told another that s/he had patents is absurd.

    That would be like in the trial for an accused bomber one of the jurors is a machinist. He then describes to the other jurors how, as a machinist a bomb shell casing might physically be machined and how that does or does not support the DA’s or defendant’s position.

    Samsung needs to stop being TOTALLY ABSURD on this.

    1. I don’t think self-respect has any role in Samsung’s defense. That tact started on day zero. They will employ every ridiculous legal tactic they can to delay the inevitable, kicking and screaming the whole time.

      This is a logical extension of their MO as a company. They’re as shameless in their losing as they are in their copying.

    2. The problem for samsung is they brought a rolled up newspaper to a gun fight. Now the best they can do is run around the room waving their (now dampish) rolled up newspaper over their head shouting menacingly.

      Why samsung ever let this (obvious rip-off) go to trial is beyond me. No other option? Or, perhaps they thought google could “fix it” like the did the copyright infringement case Oracle filed. (for google’s stealing java source)

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