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Judge to Consider Samsung’s Claims of Juror Misconduct in Trial With Apple

The trial between Samsung and Apple that was decided months ago will not go away, but today’s news might have some serious implications on the outcome. We’ve talked about Vel Hogan before, the jury foreman that may or may not have had previous bias against Samsung that could have affected the outcome. Judge Lucy Koh said in a statement today that she would be willing to hear Samsung’s case that Hogan concealed information during jury selection. 

Koh went on to say, “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.” If Apple knew about these things and didn’t tell the court, they could be in some major trouble. We might not hear anything more for about a month when this goes back to court, but things could get interesting when they do.

Via:  Computerworld | The Verge

Cheers Nick S, EC8CH and Scott! 

  • Eric79

    Hey who copied who when it came to putting an antenna on a phone? Its really getting ridiculous.

  • FurryVarmint

    100+ page jury instructions that legal experts said couldn’t be understood by a layperson in the length of time they deliberated, let alone *finished* in said time? A foreman who admits they laid down what they considered to be penalties and admitting they were going to “send a message” and “punish” Samsung when the instructions clearly said damages only? That’s at least two counts of misconduct right there. How many more does an *honest* judge need to throw the case out?

    Oh, right, Koh is running things. Well, Samsung is screwed.

  • satsmine2k4

    Apple might have denied koh’s request for more iphones, ipads and macs. Hence this…
    Once she gets her shipment it will be all APPLE again…

  • http://www.facebook.com/profile.php?id=505617824 Yannick Mark Perryman

    Finally. Karma and accountability working together.

  • http://twitter.com/spdivr1122 Stephen

    damn right.

  • DanWazz

    At least she’s willing to hear this, but it probably won’t amount to anything.

  • Pro

    Each time i hear they say crapple tech giant, i laugh out my head. What did crapple invent?

    • mustbepbs

      The affordable $599 price point.

      • Jorge Hurtado

        That’s more than their current share price. Woot.

    • michael arazan

      God created the heavens and the earth and everything on it, Apple patented it first and is suing God for infringement

  • http://profiles.google.com/jubakuba Kit Tihonovich

    Problem again being…Judges are wealthy. Wealthy people get iPhones (not because Android powered phones are cheap; but because they don’t know any better. The iPhone is a “premium” device.). They may even try NOT to be biased…
    But in the depths of their hearts they’re thinking “but I luv my iPhone =[” thus causing an evenharder case for android to win.

    • http://twitter.com/misterE33 Mr E

      30 million SIIIs have been sold. Let’s hope Judge Koh is one of those ;)

    • herpaderp

      The other thing to remember is that people love their choice in a phone… and when someone says iPhone sucks, that means that the people who own iPhones must have made a bad decision. A judge who owns an iPhone would have to rule on iPhones side on prinicpal. If he/she concedes that iPhone is not better than an android device, it means he/she made a poor decision. To do so would mean that the judge is capable of making a bad decision and does so when faced with the task of making a decision on something as simple as what device he/she should carry.

      • dangolds

        You guys are idiots to think this way. A judge ruling in this public of a case has a lot more to worry about besides whether her ruling will make her feel stupid for the $600 phone she bought. Media scrutiny, legal precedents set, etc…… pretty sure she’s far more likely to be influenced by those potential factors than any loyalty to a phone.

    • michael arazan

      People get iphones because they are ignorant to technology and it’s a device that a chimpanzee could use and probably does in a youtube video somewhere. iZombies must have self esteem issues to follow apple so blindly, the same Apple that told customers, and insulted them, it is their fault for the antenna not working on their phones.

  • EC8CH

    Wonder if old Vel still considers serving on this jury as one of the greatest moments in his life?

    • mustbepbs

      When Samsung is done with him? Probably not.

    • fixxmyhead

      Samsung should send someone to assassinate him for all the money they lost

      • FortitudineVincimus

        wow… were talking about phones buddy – not the man behind the holocaust

        • fixxmyhead

          but its a billion dollars thats billion with a B surely that is worth something like a life.

          • digitalicecream

            You’re an idiot.

          • dangolds

            How do these kind of rants get any up votes in here? What is wrong with some of you guys?

          • fixxmyhead

            not a rant it was my opinion. u and @digitalicecream:disqus dont have a sense of humor and to answer ur other question its a holy war for samsung. we’re talking about a multi billion dollar industry that samsung wants to control

          • http://www.facebook.com/profile.php?id=505617824 Yannick Mark Perryman

            Obviously tongue in cheek and hilarious :-)

      • Alpha_Axl

        LOL I love it

      • dangolds

        Hey psycho – try to get some perspective in life. It’s just a phone, not a holy war.

  • Diablo81588

    Samsung deserved to get sued. Up until the s2 they were pure copycat of the iPhone, plain and simple. I think Apple needs to stop about newer devices, but the original galaxy series was obviously a desperate move on Samsung’s part to gain relevance.

    • mustbepbs

      I agree that the physical aspects of the Galaxy S were uncannily similar to the iPhone, but the software I don’t. Most of what Apple complained about was Android, not Samsung TouchWiz. Patenting rounded, colorful rows of icons is bull****, pure and simple.

      • herpaderp

        Well wait now… as far as the OS goes, you can’t patent interface design as proven by Lotus vs. Borland in 1995 I think it was. And as far as rounded corners go, you can’t tell me that the I phone rounded corner radius isn’t uncannily similar to an etch-a-sketch. But hey, if you can use the law and patent system to make a billion dollars, by all means, go ahead. That’s a fantastic business model. Just don’t call it innovation or invention.

        • LionStone

          Etch-a-sketch needs to step up and get their Billion dollars from apple! Hah!

    • http://www.facebook.com/Mithmal Michael Thomas Maliszewski Jr.

      This may be true but apple may have copied Sony. Don’t believe me? Check out this site and you might think different!

      http://allthingsd.com/20120726/apples-iphone-has-sony-style-says-samsung/

  • http://www.facebook.com/profile.php?id=794060687 Derek Jones

    Great…Judge Koh gets to decide. She’s proven to be biased and uninformed already. I don’t see her ruling in Samsung’s favor.

    • http://twitter.com/misterE33 Mr E

      at some point, she seemed to be starting to show some sense, so let’s hope for the best.

      • master94

        Judge Koh and sense don’t belong in the same sentence.

    • jhkjhlkhlkjh

      Judge Koh, Apple’s employee od the month for the last 2 years :(

    • Chronon7364

      Right? Why do these cases keep returning to the same judge? It seems that perhaps another judge or panel of judges would be selected for a review. Clearly, I do not have any deep knowledge of patent law or overall legal protocol, but it seems as though a new judge might be in order.

  • http://post-pc.fr/logiciel-ubuntu post-pc

    android the best