Samsung's Bid for a New Trial Raises 'Jury Misconduct' Issue as Well As Time Crunch

Discussion in 'Android Tablet News' started by dgstorm, Sep 25, 2012.

  1. dgstorm

    dgstorm Editor in Chief Staff Member

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    Just as predicted, Samsung just appealed to the U.S. courts to have their lost case against Apple overturned in a bid for a new trial. The two primary issues they raised are jury misconduct and unfair time constraints Here's a quote with a few details on the jury misconduct,

    Their primary argument of jury misconduct comes from the several post-trial interviews that were conducted with jury foreman Velvin Hogan, in which he indirectly implied that he used his previous experience with patents to influence the jury. In fact, another juror, named Manuel Ilagan who was also interviewed after the trial, basically confirmed this. He indicated that Hogan used his understanding of the process to guide the jury. Here's a quote from Ilagan, "Hogan was jury foreman. He had experience. He owned patents himself...so he took us through his experience. After that it was easier."

    What is especially troubling about this is that Velvin Hogan was specifically instructed by Judge Lucy Koh not to do this. She also specifically told jurors that they must "decide the case solely on the evidence before you." Here's another quote from the article with more details,

    Even though this appears to be a fairly strong argument for Samsung, it is going to be an uphill battle to get this verdict overturned. U.S. courts generally loath post-verdict probes into jury deliberations, so Samsung will have to make a convincing argument. Brian Love, a law professor at Santa Clara University who followed the trial had this to say, "I think it's going to be a little tough [to overturn the verdict because of allegations of jury misconduct]. You're looking for material or something else coming in that wasn't introduced at trial, a juror reading reports about the case and they're being influenced by outside forces."

    Still, Samsung is not hanging their hat solely on this argument, but their second idea seems a bit weaker. They are also arguing that the Judge in the case didn't give them enough time to prepare for trial. Here's one more quote explaining it,

    Let's keep our fingers crossed that some level-headed judge in the appeals process will come to the conclusion that something was wonky.

    Source: CNET
     
  2. leeshor

    leeshor Senior Member

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    Form some of the comments I read straight from jurors they obviously didn't understand what they were supposed to be doing. I would be surprised if the appeals judge didn't side with Samsung on the grounds for an appeal.
     
  3. dgstorm

    dgstorm Editor in Chief Staff Member

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    I agree, and I certainly hope so. Even though I admit that I am rooting for Samsung in this case, more importantly I am rooting for a proper and balanced verdict to come out. The way the case concluded was simply a travesty of justice, and all of society loses when that occurs. This needs to be fixed if only to preserve the integrity of the legal system.
     
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