New Drama: Samsung's Appeal Claims Verdict was Tainted By Jury Foreman's Misconduct

[dgstorm]

It looks like there is even more drama in the Samsung vs. Apple appeal than we originally realized. By now you have probably read our earlier reports that Samsung is trying to get the verdict overturned in their $1 Billion U.S. case that they lost against Apple. One of the things they cited as a reason was that they jury didn't fulfill their duty properly. However, their complaint goes even deeper than that and their own investigation reveals some disturbing facts regarding the case. Samsung is now claiming that Jury Foreman Velvin Hogan tainted the verdict with misconduct, and they are even implying that it might have been intentional. Here's a quote with the full skinny on this developing drama,

In a request to dismiss the verdict, Samsung says that jury foreman Velvin Hogan failed to disclose his bankruptcy filing in 1993, and the fact that he was sued by hard drive-maker Seagate, his former employer.

It may sound far-fetched initially, but here’s where the bias might come from. Samsung says it has a “substantial strategic relationship” with Seagate. Meanwhile, the lawyer who sued Hogan is married to one of the lawyers who represented Samsung in the Apple vs. Samsung trial. As such, Samsung says Mr. Hogan, as foreman, may have been influenced by these relationships in leading the jury to decide against the defendant.

“Mr. Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore,” said the company in a statement, suggesting that Hogan may have not been very truthful in answering court questions in order to “secure a seat on the jury.”

Of course, there are two sides to every story, and here is a quote with what Mr. Hogan had to say in response to these allegations,

In an interview with Bloomberg, though, Hogan downplayed the accusations, saying that the court only requires potential jurors to disclose litigation in the past 10 years, saying that the bankruptcy case and Seagate litigation fell outside of this time period. Mr. Hogan was chosen as the jury foreman partly on the basis of his prior experience with patents, having obtained his own patent on “video compression software” for a hobby of his.

Hogan likewise wonders whether Samsung allowed him on the jury “just to have an excuse for a new trial if it didn’t go in their favor.” He said he agreed to take part in jury duty and even “took it as an honor” due to the lawsuit’s relevance to his being an electrical engineer, his profession for the past four decades.

It's also worth noting that Mr. Hogan was voted to be the jury foreman by a unanimous vote, except for one, his own. Are these allegations of misconduct viable, or is Samsung just reaching? Personally, I doubt this "drama" really is relevant, and I think it's moot. Ultimately, the jury didn't follow the instructions properly, and that is why the case should be overturned. What do you think?

Source: AndroidAuthority

 

[Natey2]

Does Mr Hogan own an iPhone? Lol!

Some good jury-selection questions for this case:
Have you ever owned an iPhone?
Have you ever wanted to own an Apple product?
Have you ever been hurt by a Samsung, or related, product, service or business partner?

Lol!

 

[arcone]

The jury and the foreman in particular did not appear to understand the meaning of prior art. Various shapes and sizes of tablets have been seen in use on star trek deep space 9 and voyager. Some 10 + plus years before the iPad. They were not real, but that is beside the point.

All smart phones do not resemble the iPhone, really the iPhone is like former PDA,s produced by palm and various other companies using winCE.

Apple were late comers, technology was at a state that an iPhone could be produced. I am pretty sure that palm hold a patent for a PDA that is also a phone.

I guess palm just ran out of money, HP bought them out and did nothing with them, sad.

Patents should only be used to protect complex technology, not simple ideas . What's next a patent on eye movements , squint to zoom out, that's not a technology, it's a simple idea.