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Samsung Accuses Foreman Hogan of Misrepresentation
sfcrazy writes "Samsung is clearly accusing Hogan in its recent filing of influencing the jury in favor of Apple. Samsung said in its filing: 'Mr. Hogan's own statements to the media suffice if such a showing is required. Once inside the jury room, Mr. Hogan acted as a "de facto technical expert" who touted his high-tech experience to bring the divided jury together. Contrary to this Court's instructions, he told other jurors incorrectly that an accused device infringes a utility patent unless it is "entirely different"; that a prior art reference could not be invalidating unless that reference was "interchangeable"; and that invalidating prior art must be currently in use. He thus failed "to listen to the evidence, not to consider extrinsic facts, [and] to follow the judge's instructions."'"
Some of the statements he made after the trial, he seemed to be enjoying the limelight until he realised what a hole he was digging and seemed to shut up. I was mind-blown.
He actually seemed proud, of the fact that he was able to convince the other jurors that they could ignore the "prior art" arguments because they were "bogging us down".
He stated very matter of factly, that the trial was over from day one when Apple presented their "smoking gun" which, in fact, turned out to be quite the opposite to anybody who actually READS the thing now that the unredacted documents are available, and didn't just look at Apple's cherry-picking and assumption leaping.
He ignored the judge's instructions as to how to calculate the award amount (and seemed quite proud of the 'punishment' he awarded (paraphrasing because I can't be bothered to look it up): "I approached it by thinking, what if these were MY patents", and "so we made an appropriately painful award").
The award amount itself was sent back to the jury room how many times, because they couldn't do simple arithmetic (and such was their hurry to get out of there, they awarded a few tens of millions even for things they said DIDN'T infringe).
The whole trial was a farce... Declaring mistrials is very uncommon but this travesty needs to be one of the exceptions.
it was Apple which probed Samsung's timing of their knowledge about Hogan's past.... a question which they themselves failed to answer when Samsung's lawyers filed a rebuttal. Very strange... looks like Apple could get hoisted by their own petard... and rightfully so!
If you keep throwing chairs, one day you'll break windows....
Or you could, you know, DO YOUR CIVIC DUTY and not try to get out of jury duty.
Tired of "idiots" on juries? Serve on one yourself.
Especially if it's true about him!
Give me a break already... I own a Galaxy Nexus. It's bogus for Apple to claim this is a copy of an iPhone.
Why would Samsung go through the effort of setting up this farce when they could just as easily have won the case outright had the jury not been rigged? That makes no sense.
Beware of he who would deny you access to information, for in his heart he dreams himself your master.
They asked him for details, he provided incomplete details. Lying by omission is still lying.