Apple and Samsung are scheduled to once again duke it out in the courtroom on the eve of Pearl Harbor Day, Thursday, December 6. And as the South Korean conglomerate last month alleged jury misconduct, claiming a foreman in the Apple v. Samsung lawsuit concealed information during the jury selection process, Apple is adamant it knew nothing of the foreman background.
Samsung is hoping to overrule the jury verdict which resulted in a $1.05 billion penalty on the grounds that it would have never approved jury foreman Velvin Hogan had it known of his prior involvement in litigation with a former employee Seagate, with which the Galaxy maker has a “substantial strategic relationship”…
After jury selection took place on July 30, Apple lawyers “became aware” that Hogan had filed for bankruptcy through a public records search, but they never even pulled the bankruptcy court file. And not a single member of Apple’s in-house litigation team or outside counsel even knew about Hogan’s lawsuit with Seagate until Samsung brought it up in post-trial briefs.
Attorneys for the South Korean conglomerate argue that Hogan didn’t disclose he’d been sued by Seagate, which led him to file for personal bankruptcy in 1993. The South Korean conglomerate stated it has a “substantial strategic relationship” with Seagate and insisted Hogan should have informed the court about the case.
The jury foreman later said that even though at first the jury was “inundated with evidence” and faced a stalemate, momentum swung toward Apple after he’d had an “ah-ha” moment while considering the case at home.
We’ll soon find out whether Hogan’s case will have any bearing on the looming case, with the first hearing scheduled for Thursday, December 6.