Is Apple’s Court Win Over Samsung in Danger?
Samsung’s allegation that the jury foreman in its August legal loss to Apple (NASDAQ:AAPL) “concealed information” during his selection will be considered at a hearing next month, Federal District Judge Lucy Koh has said. Koh, who was the presiding judge in the case, has also scheduled Apple’s plea for a permanent ban on Samsung products found in violation of its patents for the December 6 hearing.
Samsung, which the jury ruled was violating Apple patents with several of its products and was fined more than $1 billion in damages, is trying to get the judgment overturned. The Korean company cited juror misconduct in its complaint to the court about the decision.
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Koh said in her order made this week that she will require Apple to disclose what information the company’s lawyers knew about the jury foreman. “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,” Koh wrote, according to CNET. “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.”
Samsung has alleged that jury foreman Velvin Hogan did not disclose that he had been sued by his former employer Seagate (NASDAQ:STX), with which the Korean company has a “substantial strategic relationship.”
In response to the allegation, Hogan has said that the judge never asked for a complete list of his personal lawsuits.
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