Apple: jury foreman's comments were 'balanced, not biased'

Weeks after Samsung filed paperwork requesting a new trial over objections with a particular juror, a big damages tally and patent issues, Apple has filed its response.

US District Judge Lucy Koh talks to the jury in the Apple vs. Samsung trial.
(Credit: Vicki Behringer)

As you'd imagine, Apple, which was awarded US$1.05 billion by a San Jose, California, jury as part of a sweeping legal win in August, isn't interested in a re-do.

In a 30-page filing, the company attacked each of the claims made in Samsung's 2 October filing, saying that the South Korean electronics giant "fails to meet the high bar to obtain judgment or new trial on any claim", later adding that any attack on the jury's findings "is clearly unfounded".

Chief among the issues brought up by Samsung in its earlier filing was the involvement of Velvin Hogan, the jury foreman who appeared in a number of media interviews following the trial, commenting on what went on behind the scenes. Samsung said that Hogan failed to bring up the fact that he'd had a legal spat with Seagate in 1993 (of which Samsung owns a piece), something that Apple said Samsung missed its chance to bring up.

"If Samsung's recent acquisition of a 9.6 per cent stake in Seagate were so important that bias toward Seagate could create bias against Samsung, it should have asked Mr Hogan about Seagate," the filing reads. "Had Samsung done so, or ordered the bankruptcy file — the exact step it took only after it received the unfavourable jury verdict — it could have discovered the Seagate complaint. By doing nothing, Samsung waived its objections."

Apple went on to claim that Hogan's comments about intellectual property were "balanced, not biased".

Apple also defended its expert witness' damages calculations, as well as the protection of various claims detailed in its patents, at one point saying that Samsung didn't offer any "real rebuttal" in its defence of a patent for scrolling.

In August, a federal jury overwhelmingly sided with Apple, rejecting all of Samsung's claims, and finding that the South Korea-based smartphone maker was liable for about US$1.05 billion in damages arising from software patents on mobile devices. Despite the seeming finality of that judgment, some things are still up in the air, including any efforts to appeal the decision.

The two companies are slated to meet once again in the US court on 6 December for a hearing about any permanent injunctions against Samsung's products. In a filing last month, Apple took aim at eight of Samsung's smartphones, citing patent infringements that were decided by the jury. That hearing is also slated to bring possible resolutions for other post-trial issues, including filings like this one.

You can read the whole filing below:

Apple Samsung FIling Oct 19


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