“Were you wondering how Samsung found out about the lawsuit that Hogan failed to mention in voir dire, the litigation between Seagate and Hogan that Samsung dug up? Apple was, as I’ll show you. You wouldn’t believe it if it was in a movie script. The lawyer who sued Mr. Hogan on behalf of Seagate back in 1993 is now married to a partner at Quinn Emanuel, the lawyers for Samsung.”
It turns out that Hogan, the rogue chairman of the jury, had been sued by Seagate, with Samsung now a major shareholder of Seagate. Can you spell, “Conflict of Interest, Boys and Girls” ?
“The issue, then, is juror misconduct, not that they just didn’t know what they were doing during deliberations. Hogan did not mention the case brought against him by Seagate in voir dire, significantly enough, even though he was specifically asked by the judge, as were all the prospective jurors, to list all cases any of them was ever involved in as a witness or a party. Hogan told Reuters (see 2012 [PDF]) that he wasn’t asked about all cases. But he was, as you can see for yourself in the transcript [PDF] of the voir dire. If he was on a crusade to get back at Seagate/Samsung, he might logically not wish to reveal this litigation, knowing he’d likely be cut from the jury. One has to wonder if he always tells the truth, the whole truth and nothing but the truth. Did he fail to answer fully and truthfully because he was so eager to be on the jury? If he had revealed the Seagate issue, no doubt Samsung would have objected to him being on the jury. As Samsung points out, there is a case, United States v. Colombo [PDF], that held that “A jurorâ€™s failure to answer truthfully also may constitute a ‘prejudicial impairment’ of a partyâ€™s ‘right to the exercise of peremptory challenges.’â€ So Samsung was robbed of that opportunity.”
I don’t see how the judge can deny Samsung’s motion for judgement considering the foreman’s proactive approach reported in the media and his history of conflict with Seagate, now owned by Samsung in a big way. There’s just no way to put this mess back in the box.