Judge to consider Samsung's questions about jury foreman

Samsung has alleged that the jury foreman was untruthful and biased in a patent trial pitting the company against Apple

A court in California said Thursday that it would consider Samsung Electronics' concern that the foreman of the jury deciding a patent infringement lawsuit between Apple and Samsung had concealed information.

A jury in California decided in August that the South Korean company must pay Apple US$1.05 billion for infringing several of its patents in Samsung smartphones and tablets.

Samsung has, however, asked for a new trial of the case, alleging that the foreman of the jury, Velvin Hogan, was untruthful and biased. In the voir dire, a court procedure of questioning prospective jurors for potential bias, Hogan did not mention that he had been sued by his former employer, Seagate, for breach of contract after he failed to repay a promissory note in 1993 and filed for bankruptcy six months later, according to the filing on Oct. 2.

Samsung has a "substantial strategic relationship with Seagate," and is the single largest direct shareholder of the hard drive manufacturer after selling it a business division last year, it said in the filing.

On Oct. 30, Samsung filed a motion to compel Apple to disclose the circumstances and timing of Apple's discovery of certain information regarding the jury foreman.

Judge Lucy H. Koh of the District Court for the Northern District of California, San Jose division, wrote in her order on Thursday that the court will consider the questions "of whether the jury foreperson concealed information during voir dire, whether any concealed information was material, and whether any concealment constituted misconduct."

"An assessment of such issues is intertwined with the question of whether and when Apple had a duty to disclose the circumstances and timing of its discovery of information about the foreperson," Judge Koh wrote.

The court will address Samsung's motion to compel at a Dec. 6 hearing. If the court grants the motion, it will likely order supplemental briefing before ruling on Samsung's motion for judgment as a matter of law, Koh said.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags Applelegalintellectual propertypatentSamsung Electronics

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments



Victorinox Werks Professional Executive 17 Laptop Case

Learn more >



Back To Business Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles


PCW Evaluation Team

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?