Judge agrees to re-examine role of Apple v Samsung jury foreman

Karen Haslam
11 November, 2012
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US Judge Lucy Koh has confirmed she will re-examine the role of jury foreman Velvin Hogan in the Apple versus Samsung patent infringement case.

Samsung requested a retrial back in October, claiming that jury foreman Velvin Hogan failed to disclose that 20 years ago he was in litigation with Seagate – for whom Samsung is a major investor.

Samsung claims that during the jury selection process Hogan was asked if he’d been involved in any lawsuits. While Hogan disclosed one lawsuit in which he had been involved, he failed to disclose that he had filed for bankruptcy in 1993 and had been sued by his former employer, Seagate. Samsung thinks that this means Hogan is biased.

Hogan points out that the bankruptcy proceedings took place in 1993 so any litigation involving Seagate was almost 20 years ago. Potential jurors were only required to disclose litigation they were involved in within the last 10 years. Hogan speculates that Samsung only allowed him on the jury so that they would have an excuse for a new trial if it didn’t go in their favour.

According to a report on gomoews, legal experts contend that it is hard to overturn a jury decision due to alleged misconduct because US law doesn’t accommodate intrusion into how jurors reach their decisions.

The case will return to the court on December 6.

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