“Apple Inc.’s billion-dollar trial victory in August was tainted by the jury foreman’s failure to disclose a lawsuit and his personal bankruptcy, Samsung Electronics Co. said in a request to a judge for the verdict to be thrown out,” Joel Rosenblatt reports for Bloomberg.
“Samsung said foreman Velvin Hogan was asked during jury selection whether he’d been involved in lawsuits and didn’t tell the judge that he had filed for bankruptcy in 1993 and had been sued by his former employer, Seagate Technology Inc.,” Rosenblatt reports. “Samsung has a ‘substantial strategic relationship’ with Seagate and the lawyer who filed the complaint against Hogan is married to an attorney who works for the firm that represented Samsung in the trial against Apple, the Suwon, South Korea-based company said in a filing yesterday in federal court in San Jose, California.”
Rosenblatt reports, “Hogan, in a phone interview yesterday, denied that there was any misconduct, saying the court instructions for potential jurors required disclosure of any litigation they were involved in within the last 10 years — and that the 1993 bankruptcy and related litigation involving Seagate fell well outside that time range. ‘Had I been asked an open-ended question with no time constraint, of course I would’ve disclosed that,’ Hogan said, referring to the bankruptcy and related litigation. ‘I’m willing to go in front of the judge to tell her that I had no intention of being on this jury, let alone withholding anything that would’ve allowed me to be excused.'”
““I answered every question the judge asked me’ and Samsung “had every opportunity to question me,” Hogan said. He added that he’s surprised Samsung didn’t know about the history it’s now citing given the relationship the lawyer Samsung refers to in its filing has with another lawyer at Quinn Emanuel Urquhart & Sullivan LLP, the firm representing the company,” Rosenblatt reports. “Hogan said yesterday’s filing has him wondering whether Samsung ‘let me in the jury just to have an excuse for a new trial if it didn’t go in their favor.'”
MacDailyNews Take: BINGO!
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MacDailyNews Take: Samsung is desperate because Apple’s products came first, then Samsung’s: