December 4, 2012
In papers filed to the court late Nov. 30, Apple indicated it had little knowledge of jury foreman Velvin Hogan.
Samsung has maintained the decision of the jury, who awarded Apple $1.05 billion in August, is questionable because Hogan withheld information that could indicate a prejudice against the company.
Hogan neglected to tell the court he was sued by Seagate Technology, his former employer. The company is now partly owned by Samsung. He also omitted the fact that he was forced to file for bankruptcy due to the lawsuit.
Since the information came to light after the jury decision, Samsung has been crying foul and demanded Apple disclose its knowledge of Hogan.
“Samsung is entitled to know when Apple first learned of Mr. Hogan’s undisclosed Seagate litigation, including whether it knew of Mr. Hogan’s misstatements to the Court prior to Samsung’s post-trial motion and nonetheless concealed that knowledge from the Court,” Samsung lawyers wrote in a court filing October 30.
“If Apple, unlike Samsung, did know the truth all along, Apple should not be permitted to benefit from its concealment. To the contrary, Apple’s misconduct in concealing a juror’s known untruthfulness from the court would warrant sanction and relief.”
Apple lawyer Mark Selwyn, however, said it was not until after jury selection took place on July 30, that members of the litigation team became aware Hogan had filed for bankruptcy.
“No attempt was made to obtain or review the contents of the bankruptcy court file,” Selwyn wrote.
“We have not identified any attorney or other member of the litigation teams who was aware that Mr. Hogan had been a party to lawsuits involving Seagate until after the conclusion of trial, when Samsung raised the matter in connection with its post-trial motions,” he added.
Attorneys for Apple and Samsung will be back in court Dec. 6 for a hearing that is to address a wide array of post-trial issues, including the alleged jury misconduct. The session is to determine if Samsung will have to pay any of the $1.05 billion in damages to Apple. Judge Lucy Koh is not expected to rule on the issues before the end of the year.