In the trial between Samsung and Apple this summer, the outcome was not what expected to be seen. The August jury decision was completely one sided and looked like there was something other than justice going on. Since that time, Samsung has spent a lot of time getting things reversed in the case. Though it has been small things here and there, the larger jury decision still remains and is discouraging. How could our legal system award huge sums to Apple for patent violations when Apple was proven to have violated patents with no award due? Things did not seem to be adding up.
In the case tried in Northern California, the jury foreman is said to have failed to reveal facts about his past, which included a lawsuit he filed against Samsung. That should have been provided in the jury questionnaire and may well had an impact on the case. If the jury foreman, Velvin Hogan, had felt injured by Seagate Technologies where he once worked, he could have taken that out on Samsung. Samsung owns shares in Seagate Technologies. This material fact has caused Judge Koh to revisit the issue in December.
Whether this will be enough to over turn the verdict is not known. And there are many other activities going on which could impact the past jury verdict. Apple may be losing the snap back patent and if that stands, it will alter the jury decision and award in that area. An appeals court reversed the Galaxy Nexus ban which was part of the case. In that court decision, they said that Judge Koh had overstepped her role in the case. The appeals court may ultimately be the one that overturns the case and since they seem to not be too pleased with the decisions by Judge Koh, there is a good possibility that this could be reversed.
The decision in August by the jury seems to show that there was some bias in support of Apple or against Samsung. Either way, it truly looks like it was not a fair and balanced verdict.