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Samsung wants a retrial, says jury foreman had litigation with partner Seagate

Litigation was 20 years ago and forman says that he was only asked about the past 10 years

Samsung really aren't happy about the outcome of the trial in California. The company has filed a request for a new trial, claiming that jury foreman Velvin Hogan failed to disclose that 20 years ago he was in litigation with Seagate - for whom Samsung is a major investor.

In response, the jury foreman is speculating that Samsung only allowed him on the jury so that they would have an excuse for a new trial if it didn't go in their favour.

Samsung claims that during the jury selection process Hogan was asked if he'd been involved in any lawsuits. While Hogan disclosed one lawsuit in which he had been involved, he failed to disclose that he had filed for bankruptcy in 1993 and had been sued by his former employer, Seagate.

"Mr. Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning," Samsung said in the court filing.

Samsung claims that Hogan failed to answer the court's questions "truthfully" to "secure a seat on the jury," reports Bloomberg.

However, Hogan told Bloomberg that the court instructions for potential jurors required disclosure of any litigation they were involved in within the last 10 years. His bankruptcy proceedings took place in 1993 so any litigation involving Seagate was almost 20 years ago.

"Had I been asked an open-ended question with no time constraint, of course I would've disclosed that," Hogan told Bloomberg.

He added: "I'm willing to go in front of the judge to tell her that I had no intention of being on this jury, let alone withholding anything that would've allowed me to be excused."

Samsung explains its relationship to Seagate in the court filing. "Samsung has a substantial strategic relationship with Seagate, which culminated last year in the publicized sale of a division to Seagate in a deal worth $1.375 billion, making Samsung the single largest direct shareholder of Seagate."

Hogan told Bloomberg that Samsung's latest filing has him wondering whether Samsung "let me in the jury just to have an excuse for a new trial if it didn't go in their favour."

Apple and Samsung met in a US court back in August. The jury found Samsung guilty of infringing Apple's patents willfully. Read about the Apple v Samsung trial here.

Follow Karen Haslam on Twitter / Follow MacworldUK on Twitter


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