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Court to consider possible juror bias in Apple v. Samsung

updated 11:00 am EST, Fri November 9, 2012

Samsung suggests juror might have had anti-Samsung feelings

US District Judge Lucy Koh will consider claims of possible jury bias during the recent Apple v. Samsung lawsuit in a hearing set for December 6th, reports say. Samsung has been urging the court to look into one juror, Velvin Hogan, who it alleges hid information about a history with Seagate. Samsung says it has a "substantial strategic relationship" with Seagate, and that during jury selection Hogan didn't reveal that he had been sued by the latter company, his one-time employer. Because of the suit Hogan was forced to file for bankruptcy in 1993.

Samsung invested in Seagate shares in 2011 in exchange for selling off its hard drive business. Further complicating the situation is that the lawyer who represented Seagate against Hogan is said to be married to a lawyer who works for Urquhart & Sullivan, the firm that represented Samsung in its conflict with Apple.

In a counter-motion Apple calls Samsung's claims a "convoluted theory," and rejects the idea that Hogan might want to "exact revenge" on a Seagate shareholder and the spouse of a lawyer who sued him some 19 years ago. "Samsung's theory fails on the merits because the decades-old Seagate dispute has nothing to do with this case and would not have supported challenge for cause, and Samsung has not shown that Mr. Hogan's responses were 'dishonest' and 'material,' as Supreme Court precedent requires," Apple writes. The company adds that Samsung lawyers had a duty to interview and approve jury members.

by MacNN Staff



  1. prl99

    Mac Enthusiast

    Joined: 03-24-09

    There will always be jury bias no matter how unbiased a juror tries to be. We're all humans and we all have biases. There's no way to find any unbiased juror; it's impossible. As Apple states, Samsung had their opportunity to question all jurors and I remember reading that they knew of Mr. Hogan's previous court dealings so they had the opportunity to have him removed and didn't. Samsung just has to live with their failures and move on.

  1. Zanziboy

    Forum Regular

    Joined: 08-27-08

    If anyone should be held accountable, it should be Samsung. Their legal team was fully aware of Velvin Hogan's past when the jury was selected. If they entered the case with the strategy to pervert the outcome of the legal decision by allowing him to serve on the jury, then legal action should be taken against Samsung. Samsung has no credibility on this issue.

  1. bobolicious

    Dedicated MacNNer

    Joined: 08-15-02

    I might ask about Sir Robin Jacob (Hood? :), the reading judge in the UK dispute and astounding ruling...? Did Apple sue all tablet manufacturers? No just Samsung ?

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