Federal Judge Lucy Koh will consider whether the jury foreman in the Apple vs. Samsung trial “concealed information” during the jury selection process, and if there was any misconduct.
Koh said she will look into the matter during a December 6 hearing. As part of her inquiry, Koh said she will require Apple to disclose what information the company’s lawyers knew about the jury foreman.
Samsung is trying to get the court to throw out the $1 billion patent judgement a jury awarded Apple in August. Apple filed suit against Samsung last year, claiming it had stolen technologies and designs that went into the iPad and iPhone. Samsung countersued, saying Apple had violated some of it patents.
Samsung now alleges that it didn’t receive a fair trial as a result of juror misconduct.
Samsung is arguing that jury foreman Velvin Hogan did not disclose the fact that he had been sued by his former employer, Seagate. Samsung said in court papers that Seagate and Samsung have a “substantial strategic relationship,” and that Hogan should have informed the court about the case. The litigation with Seagate led Hogan to file for personal bankruptcy in 1993.
Legal experts say that it’s usually difficult to overturn a jury decision for alleged misconduct, as U.S. law doesn’t want lawyers trying to peek into the jury room.