Judge Koh Outright Rejects Samsung's Request for new Trial
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!
In this case, the EU Commission was going to rule against Samsung. So instead of getting a tongue lashing from the commission, Samsung pretended to pull back out of the kindness of their heart. Maybe that shit works in Korea, but anyone with a brain in the world plainly sees through this. The mean little bastards were screwing around with FRAND patents and were going to get fined for doing so. That's what makes them hypocrites.
Posted by: Joseph | December 18, 2012 at 03:18 PM
When Samsung says they would prefer to compete In the market place instead of courts, what they really mean is that they would prefer to continue stealing Apple's ideas, hardwork, patents, blood, sweat and tears with out being challenged in court on them. They would prefer to compete against Apple using Apple's own ideas against them. .
So, it's not so much that Samsung is hypocritical. I believe Samsung truly does not want to be in court. And they wouldn't be in court suing Apple if Apple didn't start suing them first. It's more a matter of wanting to play dirty without law and order interfering with them.
Posted by: Keneo | December 18, 2012 at 03:08 PM