Here’s The Reason Samsung Wants The $1 Billion Verdict Favoring Apple To Be Thrown Out

Apple Vs Samsung

Samsung has finally figured out the reason the judge should throw out the $1 billion verdict, and its not because software patents for things like “pinch and zoom,” “double-tap to zoom,” “bounce back” etc. shouldn’t exist in the first place.

BusinessWeek reports that Samsung has filed a request to a judge for the $1 billion verdict favoring Apple to be thrown out as the jury foreman Velvin Hogan failed out to disclose a lawsuit and his personal bankruptcy.

Business Week reports:

Samsung said foreman Velvin Hogan was asked during jury selection whether he’d been involved in lawsuits and didn’t tell the judge that he had filed for bankruptcy in 1993 and had been sued by his former employer, Seagate Technology Inc.

Samsung has a “substantial strategic relationship” with Seagate and the lawyer who filed the complaint against Hogan is married to an attorney who works for the firm that represented Samsung in the trial against Apple, the Suwon, South Korea-based company said in a filing yesterday in federal court in San Jose, California.

“Mr. Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore,” Samsung said in its request for a new trial. The company also said Hogan’s public statements after the verdict suggest he failed to answer the court’s questions “truthfully” to “secure a seat on the jury.” 

Hogan in a phone interview with Business Week said that the court instructions for potential jurors required disclosure of any litigation they were involved in, within the last 10 years. He clarified that since the bankruptcy and related litigation involving Seagate were back in 1993, he did not feel the need to disclose it.

“Had I been asked an open-ended question with no time constraint, of course I would’ve disclosed that,” Hogan said, referring to the bankruptcy and related litigation. “I’m willing to go in front of the judge to tell her that I had no intention of being on this jury, let alone withholding anything that would’ve allowed me to be excused.” 

Hogan said that it was a honor being selected as the juror, especially since the suit was related to his job as an electrical engineer. Jurors had elected him as the foreman based on his experience. He wonders whether Samsung let him in the jury just to have an excuse for a new trial if it didn’t go in their favor. 

It seems quite bizaare that Samsung is requesting the verdict to be thrown out for this reason. What do you think? Sound off in the comments.

[via Business Week]

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  • Geir haukland

    Excuse me, whats that got to do with Apple? He is doing this for personal vendetta, i see no reason that Apple is involved in this at all, do you??

    • iPhoneHacks

      Basically Samsung is claiming that he was biased :)

  • Dee

    They’re clutching at straws.

  • Alan

    There is always the right reason and the wrong reason to argue one’s case. But Samsung seems to always find the wrong reasons, just like their ads. Instead of highlighting Samsung’s Galaxy S3 features, they will poke fun at iPhone 5 and Apple fans.

    How can a company this big and successful, get it so wrong?

    • mtran1978

      Apple did the same thing with Windows back in the day.
      Was it wrong then?

      • Kimk69

        No it wasn’t. They weren’t as popular back in the day either, but they wished up and do sh*t right now and making a lot of money for it.

      • Shala

        Yes it was very wrong ..but those ads were a bit smarter in my opinion than the ones Samsung is rolling out

        • Po Wah

          lol smarter? Youre bias as fkc apple fanboi

          • Gia

            Wow wow. This person is just plain stupid or what? It is ok to criticize people. However, it is not ok to swear. She did nothing particularly wrong. Shame on you.

  • kraken

    Appeals court isn’t about facts, its about process. Things like whether or not a patent is valid are not considered by an appeals court, only whether aspects of the trial itself were incorrect.

    It isn’t that Samsung feels this is more important than prior art, etc. it is that the court only cares about this sort of argument at this point.

  • apple should be pissed at him

    Seeing interview with the guy since the interview he seems a biased. He has admitted that they didn’t even read all of the instructions and you can see that in the inconsistencies in the decisions between the different phones and tablets. Plus his own patent is just ripping off a dvr or media HD. Now knowing that he worked for Hard Drive companies I can see how he came up with his “original” idea.

    The bankruptcy is no big deal, but the fact that he was sued by Seagate who has a strong relationship with Samsung… (someone in the hard drive industry as much as him would most likely know that.) and filed by a lawyer that is married to someone that works for the firm samsung is using( i can see him not knowing that.) is just something he should’ve let everyone know… even more so that he was the jury foreman and other jurors have stated they relied heavily on his expertise.

  • Alex Flores

    This case is ridiculous in the first place and should have never taken place