Samsung requests new trial in Apple patent dispute
25th Sep 2012 | 02:31
Alleges jury misconduct
Samsung has asked for a new trial against rival Apple, a move that could nullify a $1.05 billion (£665) payment it's been ordered to make to the Cupertino firm.
In papers filed over the last few days, Samsung has laid out a host of arguments for why a new trial is the correct legal course to take.
One filing, made Monday, stands out in particular as it alleges jury misconduct as one of the company's legal arguments for a new trial.
The company also argues that "no reasonable jury" could rule in favor of Apple's claims Samsung copied designs and technology found in Apple's iPhones and iPads, and that neither side was allotted enough time to make their cases.
U.S. District judge Lucy Koh gave set aside 25 hours of total trial time apiece, with Samsung the more time-strapped of the two as the 4-week trial drew to a close.
Other than these positions, many of the South Korean company's legal arguments for a new trial are unknown as its legal team blacked out from public view a number of the papers it filed.
In Monday's filing, the company's lawyer asked that Koh bar "any further communication with jurors who served during the trial until matters by this motion have finally been resolved."
Just what those matters are isn't known as they were also blocked out.
Another part of the filing suggests that, when the arguments are brought forward, they will "subject all of the jurors to extra-judicial scrutiny and public criticism which they may find unwelcome and intrusive"
Part of the issue, CNET speculated, are post-trial interviews jurors gave to news outlets, including one in which Velvin Hogan, the jury's foreman and a video recording patent holder, said he explained particular patent nuances to his fellow jurors based on his work experience.
Hogan had told Koh he could set aside his understanding of the law based on his experiences and follow it "as instructed."
Hogan sent an email to the San Jose Mercury News Monday saying there was no jury misconduct during the course of the trial and defended the jury's verdict and integrity.
Apple made its own moves at the end of last week, filing for millions more in damages against Samsung as it alleged the company irreparably harmed "the iPhone's distinctive product identity."
Initial reports had pegged the new damages at $707 million (£435), however a report by the San Jose Mercury News places the sum Apple's seeking at $535 million (£329).