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Judge Koh to hear Samsung's complaint about the alleged bias of the jury foreman

Posted: , by Alan F.

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Judge Koh to hear Samsung's complaint about the alleged bias of the jury foreman
Was the man who took the role of jury foreman during the epic Apple-Samsung patent trial, Velvin Hogan, biased against Samsung? And if so, does that mean that Samsung deserves to have the verdict tossed and to get a whole new trial? These are the questions that Judge Lucy Koh will ponder after agreeing to hear Samsung's complaints about Hogan. Did Apple know certain things about Hogan before the trial started? That is another issue that will probably be explored. Samsung will have to prove that not only did Hogan lie, but that those lies affected the verdict. It is not an easy assignment, but looking at the information about this man that was revealed after the verdict, there are some questions about his actions.

Jury foreman Velvin Hogan

Jury foreman Velvin Hogan

One of Samsung's strategic partners is Seagate Technology. Hogan worked for Seagate and filed suit against the company after he filed for bankruptcy in 1993. There is no shame there, many Americans have filed for bankruptcy. The problem is that Hogan did not mention this information during voir dire when the prospective jury members are picked and questioned under oath. When Samsung filed with the court to request a new trial, it said that the Seagate connection was something that it should have had a chance to explore with Hogan while the juror was under oath.

Furthermore, as confirmed by other jurors, Hogan took over the jury room during deliberations as he claimed to have superior knowledge of the patent process which he went through to receive a patent for "video-compression software". Despite this alleged first-hand knowledge of patent law, it appears that the legal standards that Hogan impressed the jury with were incorrect and might have led the jury to come up with a decision based on incorrect law. For his part, Hogan says that Samsung should have known about his relationship with Seagate because of his relationship with an attorney from Quinn Emanuel Urquhart & Sullivan LLP, the same firm used by Samsung in the suit against Apple.

After just 21 hours of deliberations, quick for such a complex case, Apple won a jury award of $1.05 billion in the law suit and post-trial hearings are set for December 6th.

source: CNET

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21 Comments
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posted on 09 Nov 2012, 20:25 23

1. metalpoet (unregistered)


Oh boohoo Velvin! Im glad that this could result in a new trial!

posted on 09 Nov 2012, 21:04 14

6. AnTuTu (Posts: 804; Member since: 14 Oct 2012)


I would love to see fruit fans faces after Sammy wins this case :)
Go Sammy go v have got your back

posted on 09 Nov 2012, 21:55 9

10. MeoCao (unregistered)


Yeah, Judge Koh should know that both the foreman and Apple's attorney smoked crack that day so they "forgot" to tell all.

posted on 10 Nov 2012, 00:19 6

15. Droid_X_Doug (Posts: 5773; Member since: 22 Dec 2010)


I was expecting the Circuit Court of Appeal to decide this matter. Maybe Judge Koh beats them to the punch?

Sammy hasn't paid Apple a dime yet. Somehow, I suspect Apple never gets a dime from Sammy. Maybe a middle-fingered wave, but not a dime.

posted on 10 Nov 2012, 07:41 2

17. remixfa (Posts: 13905; Member since: 19 Dec 2008)


Koh hasnt finalized the case yet. Its not actually over. What we had was just the jury verdict. Koh has yet to throw the final judicial verdict on the case.

posted on 09 Nov 2012, 20:27 20

2. blingblingthing (Posts: 433; Member since: 23 Oct 2012)


Good luck Samsung. I am rooting for you. Get better attorneys and try to avoid trial blunders.

posted on 09 Nov 2012, 22:27 2

13. nobelset (Posts: 269; Member since: 17 Oct 2012)


I see wat you did there xD

posted on 10 Nov 2012, 11:58

20. blingblingthing (Posts: 433; Member since: 23 Oct 2012)


I am serious. The amount of blunders I recall from memory and mention the sammy's lawyers seemed to spend their time cross examine witnesses rather than making their own points and in the end not having time to make a final argument.

I am on there side. They need to have their lawyers come better.

posted on 09 Nov 2012, 20:53 11

3. someones4 (Posts: 619; Member since: 16 Sep 2012)


Yes, Velvin is a lying POS.
Samsung might have a shot at this after all. let's hope the lawyers don't drop the ball again.

posted on 09 Nov 2012, 20:57 2

4. PAPINYC (Posts: 2283; Member since: 30 Jul 2011)


There's my favorite k' Ho, 'Lucy in the sky with tAmp Ons....

posted on 09 Nov 2012, 21:00 2

5. ramonleonjr62 (Posts: 48; Member since: 17 Oct 2012)


well like l say the trues always come out!!

posted on 09 Nov 2012, 21:21

7. XPERIA-KNIGHT (Posts: 2457; Member since: 08 Aug 2012)


sooner or later its got to!!

posted on 09 Nov 2012, 21:40 1

8. theBankRobber (Posts: 647; Member since: 22 Sep 2011)


Bring out the dogs to sniff out the crooks Apple has in the court room. Get a f'n life and eat a BIG BAG OF D--©s

posted on 09 Nov 2012, 21:45 1

9. Aeires (unregistered)


I'd like to see that finance file that Apple wants to keep private. Hopefully a new trial will force it to be released.

posted on 09 Nov 2012, 21:55 5

11. tedkord (Posts: 4759; Member since: 17 Jun 2009)


Even the biggest diehard apple supporters are realizing the verdict isn't going to stand. They whine and cry it's not right, but know what's coming.

Check out the Gnome over on BGR. You can't find a bigger apple sycophant, and even he knows it's over.

posted on 09 Nov 2012, 22:26 10

12. remixfa (Posts: 13905; Member since: 19 Dec 2008)


if this doesnt get a retrial I'd be really surprised. We've been yackin about this guys bias and pull in the jury since the initial news broke.

posted on 09 Nov 2012, 23:15 3

14. techguy22 (Posts: 226; Member since: 09 Aug 2012)


they gonna lose. its US. we talking about. here did apple ever lose anything here ?
so not proud to be an american :(

posted on 10 Nov 2012, 03:40 4

16. rickywinataa (Posts: 262; Member since: 05 Apr 2012)


the result from the court that time was a bit weird, most of apple's case which contains small unimportant patents was granted while sammy's case which contains big & heavy technology patents such as picture attachments in e-mail was denied without any further explaination

posted on 10 Nov 2012, 11:07

18. archangel9 (Posts: 230; Member since: 07 Feb 2010)


YES!YES!YES!NEW TRIAL! (in Daniel Bryan mode).

Samsung we got your back

posted on 10 Nov 2012, 11:09

19. archangel9 (Posts: 230; Member since: 07 Feb 2010)


What's done in the dark will soon come to light. The courts should've had a SI to look at this Hogan character. What a POS he is!

posted on 10 Nov 2012, 14:19

21. wizzardtech (Posts: 59; Member since: 12 Mar 2012)


Maybe this guy just need some $$$ from Apple when doing this to relived hes Bankrupt life again... feel sorry for him. "live by the sword and die by the sword"

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