Potential jury bias may cause case to be retried.
After the jury verdict of $1 billion in the Apple v Samsung case in August, we expected to see Samsung file appeals in the case. We also expected them to attempt to get the case over turned so that a new trial would be held. And now, Samsung has filed paperwork with the Federal court in San Jose in an effort to get the case thrown out. While much of the filing has been redacted, it does appear they are focusing on jury misconduct as a basis for this attempt. Whether they will be successful is not know, but there are enough elements being guessed at right now that there is a possibility.
It seems that one juror, Velvin Hogan, the jury foreman apparently lied on the voir dire form. He had been previously been involved in a lawsuit between himself and Seagate and did not disclose that on the form to the court. Whether that will be enough to convince a judge is an unknown. It appears that some jurors relied on Hogan’s experiences in the Seagate trial as he explained to them how the process worked in his case as compared to the current case. It does appear that he had a material impact in jurors making their decision. And the decision appears to be very one sided, especially in the monetary awards against Samsung.
And this may not be the only item they can use to get the case overturned. With all the constraints placed on time for presenting their case and closing arguments, Samsung may be able to get an appeal granted as they could not put forth the case they wanted to. With the limits of 25 hours of testimony of witnesses and cross examination of witnessed by each side, that may provide grounds to get the case tossed. They were also restricted to 2 hours for closing arguments. In a case of this magnitude, I would have expected closing arguments to take days. Those restrictions may be enough and with the addition of potential juror misconduct, Samsung might be granted a new trial.
There will be a lot of interest in this case to see if Samsung can get a new trial.