The statements cited by Samsung neither show that Hogan favored Apple nor show that he was being deceitful in voir dire, Judge Koh said. There was also nothing in the post-verdict statements cited by Samsung that referred to Seagate, bankruptcy, lawsuits, or any other information Hogan allegedly concealed. "Thus, Mr. Hogan's comments cannot serve to trigger Samsung's investigation obligations," Judge Koh wrote.
As Samsung failed to exercise reasonable diligence during the voir dire and until the verdict was reached, Samsung's argument pertaining to Hogan's dishonesty is waived, Judge Koh ordered.
Neither party has conclusively shown whether Hogan intentionally concealed his lawsuit with Seagate, or whether he merely forgot to mention it when asked by the court whether he was ever involved in a lawsuit, or whether he believed that the answer he gave had sufficiently responded to the court's question, Judge Koh said. "Further, it is not even clear that Mr. Hogan knew of any relationship between Seagate and Samsung," she added. The Judge ruled that Samsung had waived its right to object to Hogan's answer even if it was dishonest
The Judge also refused Apple's motion for a permanent injunction on some Samsung products that infringed its patents. The fact that Apple may have lost customers and downstream sales to Samsung is not enough to justify an injunction. Apple has not shown that it lost the sales because Samsung infringed its patents, Judge Koh wrote in a separate ruling.
The court had asked Apple to produce a copy of its recent patent agreement with HTC, after Samsung said it was relevant to the case. Apple's willingness to license patents in the suit may undermine its claim of irreparable harm and demonstrate that monetary remedies are adequate, Samsung said in a filing.
The Judge appeared to accept the argument, pointing to Apple's licensing deals for utility patents in the suit with IBM, HTC, and Nokia. "The fact that Apple is now expressing an unwillingness to license these properties does not change the fact that Apple has, in the past, felt that money was a fair trade for the right to practice its patents, and that Apple has in the past been willing to extend license offers to Samsung," Judge Koh wrote in her order.