The judge in the recent Apple vs. Samsung patent trail which resulted in a massive payout being awarded to Apple is going to be reviewing wither jury foreman Velvin Hogan withheld information before being assigned to that case.
Judge Lucy Koh will be investigating the matter during a hearing that is scheduled for 6 December this year where she will consider whether the jury foreman “concealed information” prior to the trial.
A portion of Judge Koh’s statement reads:
“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.”
Despite this development Samsung is likely going to find it difficult to get the jury’s decision overturned. CNET reports that Brian Love, a law professor at Santa Clara University, has said that in order to get the verdict overturned “You’re looking for material. or something else coming in that wasn’t introduced at trial, a juror reading reports about the case and they’re being influenced by outside forces.”