“Mr. Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore,” Samsung said in its October request for a new trial.
Hogan didn't return a call placed to his San Jose home Wednesday. In opposing Samsung's argument, Apple argued that Samsung should have discovered the 1993 lawsuit before Hogan was seated as a juror and made its objection then. Apple said Samsung knew that Hogan declared bankruptcy in 1993 and had it reviewed that case it would have discovered the Seagate lawsuit.
Apple argues it is unfair to raise the Seagate lawsuit now that the jury ruled against Samsung.
Experts monitoring the trial largely side with Apple on the juror misconduct issue specifically and speculate that the judge will keep most of the unanimous verdict intact.
“Samsung is hoping to set aside the verdict entirely, accusing the jury foreman of lying to get on the jury,” said Edward Naughton, a patent attorney who is following the case closely. “This argument isn't likely to succeed, but Samsung may convince the court to whittle down the jury verdict a bit.”