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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."'"
Which he was not required to, since it was more than 10 years prior, as per the (claimed) court instructions.
Something like this is the one that the appeal will most likely rest upon.
Which Samsung's lawyer's didn't enquire after?
Then what damages does Apple deserve for what Samsung did?
Should it be ok for one company to do this to another?
http://bgr.com/2012/08/08/apple-samsung-patent-lawsuit-internal-report-copy-iphone/
I'd be angry if some company did that to me. Google warned them:
http://allthingsd.com/20120725/apple-google-warned-samsung-against-copying-us/
What justifies, "and rightfully so?"
THE COURT: Okay. Welcome back. Please take a seat. We had a few more departures in your absence. Let's continue with the questions. The next question is, have you or a family member or someone very close to you ever been involved in a lawsuit, either as a plaintiff, a defendant, or as a witness?
To which he responded YES. Samesung had that opportunity to dismiss the Juror right there and they didn't. CASE CLOSED.
A lie of omission is still a lie. If a judge asks a defendant if they've ever been convicted and they reveal a traffic ticket but don't reveal an armed robbery conviction, it's a lie. Hogan did a similar thing, described a lawsuit with an employee while leaving out a lawsuit against company owned by Samsung after which he had to file bankruptcy and lost his house.
The question was "The next question is, have you or a family member or someone very close to you ever been involved in a lawsuit, either as a plaintiff, a defendant, or as a witness?" Samsung wants you to believe that the question was "Give us a complete list of any lawsuits that you, or a family member, or someone very close, have ever been involved in". But that wasn't the question.
He actively gave other jurors his OPINION which the other jurors were free to disregard.