Samsung is hoping to persuade a federal jury in the US to throw out the recent $1 billion verdict in Apple’s favour according to new court documents filed by Samsung’s lawyers. The company is alleging jury misconduct in the decision against them.
The documents list several cases, some of which apply to the California area where Samsung’s trial took place, in which new trials took place following jury misconduct. The company is arguing that jurors gave sufficient information to news agencies following the trial to prove evidence of misconduct. The misconduct seems to revolve around jury foreman Velvin Hogan who, in the words of another juror, “…had experience. He owned patents himself…so he took us through his experience. After that it was easier.” Samsung would likely argue that Hogan introduced information that was not presented in the trial and improperly influenced the jury.
Whether Hogan’s role as jury foreman forms the main portion of the requested retrial is not certain since some of the documents, filed last week Friday, were redacted. However the listing of cases related to jury misconduct, which were not redacted, make this likely.
The company also listed other reasons for wanting a retrial, saying in the request to the court:
The court’s constraints on trial time, witnesses and exhibits were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple’s many claims.”