Judge Lucy Koh has agreed to “consider the questions” of whether jury foreman in the Apple, Samsung trial “concealed information” during the voir dire process. CNET reports that Koh will look into the matter during a December 6th hearing and as part of her inquiry, will require Apple to disclose what information they company’s lawyers knew about Velvin Hogan.
Samsung is working to try and get the $1.05 billion dollar patent judgment thrown out amidst claims that it didn’t receive a fair trial due to juror misconduct. Samsung is arguing that Velvin Hogan did not disclose his ties to Seagate, a former employer. Samsung has pointed out in court documents that they have a “substantial strategic relationship” and Hogan’s litigation with Seagate led to personal bankruptcy in 1993. Samsung believes that Hogan should have disclosed this information during the jury selection process.
During the selection process, Hogan did state that he had been involved in litigation with a former partner when asked by the judge if he had ever been involved in litigation. For his own part, Hogan says that the judge didn’t ask for a complete list of all the lawsuits that Hogan was involved with.
Legal analysts suspect that Samsung will have a tough time overturning the jury decision, but clearly Samsung will make the case that Hogan’s involvement is grounds for a tossed verdict.
Judge Koh’s order:
On October 30, 2012, Samsung filed a motion to compel Apple to disclose the circumstances and timing of Apple’s discovery of certain information regarding the jury foreperson. On November 2, 2012, Apple filed an opposition. At the December 6, 2012, hearing, 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.