Samsung vs Apple Trial Not Over – Korean Company Requests New Trial On Claims Of Jury Misconduct

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.

Apple Insider

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ford12acing 12 pts

i hate jury duty, but i would love to be on an apple vs samsung jury. 

kanoneyez 71 pts

Mr. Hogan stuck his foot in his mouth on several occasions. One of my favorite is when he said the decision was to send a clear message to the industry by including punitive damages to the values awarded. Their instruction packet strictly prohibited that action, yet they went ahead with it. So either they didn't read the instructions (as they were told to) or they blatantly decided to disregard them.

UKAndroid 9 pts

There's little point in having another trial unless the jury is also allowed to judge on the validity of the patents - something that the previous jury were not allowed to do.

 

It is like convicting a driver of exceeding a speed limit without considering whether the speed limit should ever have been implemented in the first place, Samsung were not allowed to show any "pror art" evidence as the jury was instructed to assume the patents were valid. Increasingly, this seems to be in serious doubt.

TheDark_Knight 77 pts

Show Apple how big of idiots they are.

Spoken Word 33 pts

I don't think there can be any doubt that a new trial is warranted based on statements given by the jury after the trial was over. They clearly ignored the judges orders. And speaking of the judge....she should be removed from the bench. Her handling of the case was 1 step short of incompetent.

jhernandez4688 13 pts

 Spoken Word I agree, something is seriously wrong if a new trial is not given the go ahead.