Samsung asks court to throw out $1.05 billion verdict, saying jury foreman was biased
0. phoneArena 04 Oct 2012, 11:13 posted on
Alleging that the foreman of the jury that ruled against it was biased and failed to disclose important personal information, Samsung filed with the court to throw out the verdict that awarded Apple $1.05 billion and ruled that Samsung had infringed on several Apple patents...
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56. dsDoan (Posts: 229; Member since: 28 Dec 2011)
Apple does not have $500 billion in cash. You are looking at their market value, which is not the amount of cash they have on hand.
49. metalpoet (unregistered)
Mxyzptik, are you employed by apple to be a phonearena trolling d**che bag!?!?!?!
51. -box- (Posts: 3991; Member since: 04 Jan 2012)
if apple had been more original in, well, anything, they wouldn't exist. If their patents weren't so horrendously and illogically (from an outsider's perspective) broad, they wouldn't have such BS things to try to defend and attack from. Could samsung have been more original in their designs? Sure, but, considering the F700 was their design first, and their other phones since evolved from that (granted, some apple influences here and there, but not for entire models), there's no wrongdoing in their continuation of those designs. Granted they've switched to a more rounded design for the GS3 and Note2, but you can see and follow the evolution.
65. RORYREVOLUTION (Posts: 3108; Member since: 12 Jan 2010)
You are so biased it's not just oozing out of you, it's flooded the damn website.
If this was the other way around, you'd be screaming "UNFAIR, WE WANT JUSTICE! APPLE DESERVES A FAIR TRIAL!"
69. networkdood (Posts: 6330; Member since: 31 Mar 2010)
Typical iPHONE user - judgment is fair when it favors apple...wow, what a shocker.
25. ZEUS.the.thunder.god (unregistered)
i am wondering how much this hogan shi* got paid from apple.
It does not matter what the final outcome is, sooner or later justice will be served and apple will be brought down for good.
55. redsox420 (Posts: 90; Member since: 27 Aug 2012)
Free eyephoneys, eyecrap, and anything ithis, ithat, and itheotherthings!
64. Jelly_Bean (Posts: 109; Member since: 11 Sep 2012)
We gonna win this time because "Truth always wins"...!!!
74. PhenomFaz (Posts: 1236; Member since: 26 Sep 2012)
the actually didnt allow samsung to submit evidence on more than one instance and denied every existing evidence because of which Apple could look bad!
The whole trial sucked!
2. MeoCao (unregistered)
This revelation has lot of weight and we may see a new trial, and GS3 sales will have another chance for a big leap. LOL
38. Synack (Posts: 677; Member since: 05 Jul 2011)
Not to mention that the trial was held in California..... Apple Nation.
Too much biased stuff going on in that trial.
4. PapaSmurf (Posts: 10457; Member since: 14 May 2012)
This new case needs to happen soon because I'm dying to find out the final verdict!
12. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)
Don't hold your breath waiting for a 'final' verdict. This case has a lot longer to go.
54. PapaSmurf (Posts: 10457; Member since: 14 May 2012)
I know, but I want yo see how everything ends... The FINAL final verdict.
5. networkdood (Posts: 6330; Member since: 31 Mar 2010)
Either way, this trial is not hurting Samsung at all....not one bit...or byte.
13. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)
More like not one dime. Apple's iP5 sales are off from analyst projections, while GS III sales continue powering along.
Is it any surprise that Apple wants a sales ban on the GS III?
31. jimjam (Posts: 273; Member since: 28 Jun 2011)
Analysts suck anyway. I wouldn't read anything into that.
6. Peter27 (Posts: 233; Member since: 13 Jul 2012)
he tried to imagine how he would defend apple if the parents were his own.
that if not what he was supposed to do!
someone killed somebody, but I am there to imagine how I would defend him if it was me.
8. Peter27 (Posts: 233; Member since: 13 Jul 2012)
basically he says he was there to defend apple!
32. jimjam (Posts: 273; Member since: 28 Jun 2011)
He kind of skipped the part about whether the patents were actually valid!!
9. theoak (Posts: 324; Member since: 16 Nov 2011)
Samsung selected and allowed him as a juror.
Samsung seemed to know that he used to be employed at Seagate.
Samsung seemed to be obviously okay with a Seagate employee on the jury especially considering the "special" relationship that Samsung and Seagate has. Samsung probably thought this juror would be an easy win for them.
Now that Samsung lost and discovers that this juror was not won over, Samsung says ... "Oh wait ... we don't like this juror after all."
Sounds like desperation on Samsung's part.
15. 14545 (Posts: 1598; Member since: 22 Nov 2011)
Maybe they did know that he once worked for Seagate. That's not the point. I doubt it was disclosed that he had his own issues over "intellectual property". So that, to me, makes him disqualified to sit on the jury. Not to mention, the entire jury said that took his direction because most of them didn't know anything about it. So, when you break it down, he made their decisions for them.
23. dsDoan (Posts: 229; Member since: 28 Dec 2011)
Maybe Samsung did know about the Seagate situation all along, and still allowed him onto the jury, as a backup plan. This way if they lost, they had an ace up their sleeve in the form of calling a mistrial.
If this is true, it simply means that Samsung's lawyers are using the same type of slimy techniques that Apple's lawyers have been using for the past 6 years.
And in that case, I say: Game on!
26. tedkord (Posts: 11998; Member since: 17 Jun 2009)
But, Samsung had no way of knowing he would completely ignore jury instructions, introduce his own knowledge (or lack thereof) into the deliberations, or have a clear bias entering into the trial.
29. wolstenbeast (Posts: 25; Member since: 21 Sep 2012)
Rather than myopically bashing Samsung, try reading the whole article.
He failed to declare that he was sued by Seagate, over failure to repay relocation, house payments. This caused him and his wife to declare bankruptcy. Samsung partially own Seagate...... Connect the dots.
Hogan failed to volunteer this information during Voire Dire (declarations regarding jury selection), had he done so Samsung would have used their right to challenge and have him removed as a potential juror.
Given the undue influence he exerted over jury deliberations, Samsung has a better than average chance of getting a mistrial.
This, combined with the jury failing to even read let alone follow The Judges directions, unilaterally, deciding to not even consider one legal question and mistakes on the jury form [combined with a speed of decision that no trained patent lawyer could muster], means that Koh might order a mistrial, or even dismiss even with prejudice or chicken out and give leave to appeal.
Based on this new information, my bet is on a mistrial, as allowing appeal on these grounds would not endear her to the appellate judiciary. She wants to send to appeals and probably would have, before these new disclosures.
57. redsox420 (Posts: 90; Member since: 27 Aug 2012)
It'll most likely NOT be this fact, but the fact he said Samsung was guilty even before they started to deliberate. THAT is a major no-no as jurors. You have to look at the evidence, so either he did before everyone else or had a preconceived Guilty verdict from day one..
I doubt Sammy knew his entire background, including the lawsuit. HE didn't disclose it. So how would Sammy have known. The process would have weeded him out had been honest about it.
10. tedkord (Posts: 11998; Member since: 17 Jun 2009)
The more this bozo Hogan talks, the better Samsung's chances are. He's done nothing since the verdict but tell the media how he steered the jury to ignore prior art, disregard jury instructions, Iinterjected his own misunderstanding of patent law, and just generally made a shambles off the whole process.
18. 14545 (Posts: 1598; Member since: 22 Nov 2011)
Just further proof we shouldn't have patent laws. (Yes, I said that correctly. No patent laws whatsoever.)