In a show of aggression, Samsung Electronics has asked
Judge Lucy Koh to throw out the patent violations verdict against it arrived at
by a jury in August, that awarded Apple Inc.(NASDAQ:AAPL) more than a billion
dollars in damages.
On Wednesday, Samsung targeted the foreman of the jury
which had delivered the damaging verdict, favouring Apple and holding Samsung
of violating patents and copying the designs of the iPhone maker.
The foreman was Velvin Hogan, a 67-yers old retired
engineer who had been selected as he had served on a number of jury trials of a
similar nature and knew more about patents than anyone else on the jury panel.
Samsung had conducted an investigation into the past
of Hogan and made the following claims about the engineer:
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Hogan, it said, didn't tell the judge he had been sued
in 1993 by Seagate, a company with close ties to Samsung and Samsung's legal
team.
Hogan didn't disclose the personal bankruptcy he had
to file as a result of that suit.
He also made public statements after the verdict that
suggests he failed to answer the court's questions truthfully in order to
"secure a seat on the jury."
However Samsung may find it difficult to convince
Judge Koh about throwing out the verdict and could have actually prejudiced its
own case.
According to Philip Elmer-DeWitt in CNN Money -
"There is hostility from courts, prosecutors and former jurors towards
investigators and attorneys inquiring into and raising potential acts of jury
misconduct. Thus, these claims are often difficult to litigate and are
frequently controversial, striking at the heart of the American system of
justice."
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