Just when everyone thought the Apple vs Samsung war was simmering down – Samsung has decided to get back into the fight. In post-trial filings on Friday, Samsung revealed it is planning to argue for a new trial against Apple. In addition the Korean company entered a number of documents supporting the theory that juror misconduct led to the jury’s original $1 billion verdict.
Samsung’s argument relies heavily on juror interviews published following the landmark case’s verdict. More specifically, Samsung is taking aiming at the possible insertion of outside evidence into deliberations by jury foreman Velvin Hogan, according to a report by CNET.
As we reported last month, in a post-trial interview, Hogan, a patent holder who served on a jury three times before the Apple and Samsung case, said he helped guide the jury through some of the more complex patent issues. In an interview with Bloomberg, Hogan was cited as saying: ”Some were not sure of how prior art could either render a patent acceptable or whether it could invalidate it…What we did is we started talking about one… (I) laid it out for them.” Fellow Juror, Manuel Ilagan, confirmed the claims. While Hogan’s statement is not a direct admission of introducing evidence not presented by Apple and Samsung during the trial’s proceedings, Samsung is hoping it will raise enough questions as to what exactly was said and how it may have influenced the jury’s final decision.
Samsung continued their reasoning by citing a number of cases which were overturned due to jury misconduct, however it remains to be seen whether the Korean company can prove that such action was taken during its trial against Apple.
Never the less, Samsung has an uphill battle to face if they plan on reversing or nulling the original verdict. Check out the source link below from Apple Insider for the full run through of Samsung’s court filings. DroidDog will continue to monitor over the situation as new information becomes available.