Samsung claims Apple juror was biased

Posted by Emma Woollacott

Samsung is attempting to have the recent $1 billion patent verdict in favor of Apple thrown out, on the basis that the foreman of the jury was biased.

In August, a US court ruled that Samsung had infringed several Apple patents, awarding it $1.05 billion in compensation.

But foreman Velvin Hogan, says Samsung, failed to disclose both a personal bankruptcy filing from 1993 and a twenty-year-old lawsuit from his former employer, hard drive manufacturer Seagate Technology.

And because Samsung has a 'substantial strategic partnership' with Seagate, it says, Hogan should have revealed the lawsuit. A further source of bias, it says, is the fact that the Seagate lawyer who filed the complaint against Hogan at the time is married to an attorney from the firm that represented Samsung during the Apple patent trial.

But in an interview with Bloomberg, Hogan says he was only asked to disclose any lawsuits that had take place in the last ten years.

"Had I been asked an open-ended question with no time constraint, of course I would’ve disclosed that," he said. "I answered every question the judge asked me."

Hogan is even speculating that, because of the relationship between the two lawyers, Samsung knew all about the Seagate lawsuit from the start - and allowed him on to the jury precisely so that it would have grounds for this appeal later on.

The allegations will be heard in December.