While most headlines on this matter today are focusing on Judge Lucy Koh's denying Apple's request to ban Samsung phones, the second ruling is just as important and is being overlooked. Judge Koh rejected Samsung's call for a new trial outright because of alleged juror misconduct.
Samsung had alleged jury foreman Velvin Hogan committed misconduct for failing to disclose that his former employer Seagate Technology filed a lawsuit against him in 1993. Samsung later acquired nearly 10 percent of Seagate.
Samsung alleged after the trial that Hogan had a bias against it because of its ownership stake in Seagate, a Northern California-based maker of computer hard drives.
The judge said Samsung had the ability to investigate whether Hogan was biased toward Samsung before trial started because the company's lawyer possessed Hogan's bankruptcy file, which included the lawsuit. She said Samsung objected too late to Hogan's joining the jury.
"What changed between Samsung's initial decision not to pursue questioning, or investigation of Mr. Hogan, and Samsung's later decision to investigate was simple: the jury found against Samsung, and made a very large damages award," the judge ruled.
Judge Koh still has before her several other legal demands from both companies to rule on at a later date.
Samsung Nudged to Drop Apple Injunctions in Europe
Another legal report out today by the Verge states that Samsung has dropped Apple injunctions in Europe. However, let's be real, that wasn't done out of love for Apple or for just being the nice guys. No, no, no – the truth is that back in January, "the European Commission said it would investigate whether or not Samsung had broken EU antitrust laws in relation the licensing of standards-essential patents. Under EU law, companies must license such patents on a fair, reasonable, and non-discriminatory (FRAND) basis. Samsung is also being investigated in its native Korea after Apple complained it was abusing its wireless patents."
Truly, Samsung is like the Joker in Batman. In a statement given to the Verge Samsung states that they remain "committed to licensing our technologies on fair, reasonable and non-discriminatory terms, and we strongly believe it is better when companies compete fairly in the marketplace, rather than in court." Please, if it wasn't for the pressure from the European Commission, Samsung would have fought Apple tooth and nail on this issue in the courts. Samsung would have been found guilty by the European Commission and Samsung knew that. So call it for what it is: Samsung is just a bloody hypocrite!
