Judge Lucy Koh, who presided over the Apple versus Samsung trial in San Jose, will look into Samsung’s allegations that accused jury foreman Vel Hogan of hiding information from the court during the jury selection procedure.
With these allegations of misconduct, Samsung hopes to throw out the jury’s decision which held Samsung guilty of infringing Apple’s patents, and ordered the Korean company to pay $1 billion in damages.
The hearing, according to CNET, will be held on the 6th of December, where Judge Koh will not only probe jury foreman Hogan’s alleged misconduct, but also ask Apple’s lawyers to disclose information they knew about him.
Samsung alleges that even after being asked about any lawsuit involvements, Hogan failed to disclose that he had been sued by his former employer Seagate, following which he filed for personal bankruptcy in 1993. Samsung says that it shares a “substantial strategic relationship” with Seagate, and the 1993 lawsuit could have been a potential reason for bias.
Hogan, on his part, defended himself by pointing out that the court requires disclosure of cases that were filed only within the last 10 years. Hogan, an engineer and a patent holder, was outspoken on Samsung’s wilful infringement of Apple’s trade dress.
Here’s the courts order regarding the December 6th hearing:
On October 30, 2012, Samsung filed a motion to compel Apple to disclose the circumstances and timing of Apple’s discovery of certain information regarding the jury foreperson. On November 2, 2012, Apple filed an opposition. At the December 6, 2012 hearing, the Court will consider the questions of whether the jury foreperson concealed information during voir dire, whether any concealed information was material, and whether any concealment constituted misconduct. An assessment of such issues is intertwined with the question of whether and when Apple had a duty to disclose the circumstances and timing of its discovery of information about the foreperson.
CNET spoke to several legal experts who note that it is very difficult to have a judgement thrown out over misconduct allegations.