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Apple Claims Ignorance of Jury Foreman's Previous Tangle With Samsung
quantr writes with the news that Apple claims that the company "wasn't aware during trial that the foreman of the jury that issued a $1.05 billion verdict against Samsung Electronics Co. was involved in a lawsuit with his former employer, Seagate Technology Inc. 'Samsung asked Apple to disclose when it first learned about the litigation between the jury foreman, Velvin Hogan, and Seagate. Apple responded in a filing yesterday in federal court in San Jose, California. Samsung is attempting to get the Aug. 24 verdict thrown out based on claims the trial was tainted by the foreman's failure during jury selection to tell U.S. District Judge Lucy H. Koh, who presided over the case, that he filed for bankruptcy in 1993 and was sued by Seagate."
i wouldn't say samsung infringed, cause fact in this trial the jury pretty much ignored their instructions when it came to prior art. Even in post interviews they admitted they did, and speed through the sheet.
The issue is not Samsung's investment in Seagate...the issue is the jurors were asked if they had been involved as either a defendant or plaintiff in civil litigation before and the foreman specifically omitted the Seagate lawsuit.
I'm not sure why this particular filing is important....Apple filed a similar motion asking Samsung to divulge when it first learned of the foreman's involvement in a Seagate lawsuit.
None of this seems as relevant as the foreman's apparent failure to actually consider the case on its own merit and rather substituting his own personal views/knowledge of patent law (which seems to be wildly incorrect based on comments both by the foreman and other jurors).
There are actually several issues with regard to this jury foreman.
The first of which is that he was sued by Seagate, which not only bankrupted him but also put his house into foreclosure. That is something that I am sure he will never forget and he will be biased against any entity that has favorable dealings with the company that *ruined* him until his end of days. Now, I agree with you that if this was *all* the evidence against this man, that is grasping at straws.
However, there is also the issue that this man, as jury foreman, used his position in the jury to sway the other jury members to make a ruling that was in direct conflict with the instructions handed down by the judge; then he *went on record* bragging about it. So, not only does he have an MO, he also acted in a manner that suggests prejudice/bias.
Lastly, he lied during the jury selection process so that he would be put on the jury. That in and of itself also demonstrates bias.
Face it, this man had an agenda and he followed through on that agenda. There is a reason why this is the one flagship case Apple brings up every time they lose another case in another jurisdiction; and this "win" is in serious jeopardy.
Beware of he who would deny you access to information, for in his heart he dreams himself your master.