Samsung claims jury misconduct, demands retrial against Apple

The head juror was 'untruthful' and 'biased', according to a Samsung court filing

By Loek Essers, IDG News Service |  IT Management

Finally, Hogan could have influenced the jury's decision, Samsung said. Hogan has said in post-verdict media interviews that he told his fellow jurors that an accused device infringes a design patent based on "look and feel", that a prior art reference could not be invalidating unless that reference was "interchangeable" and that invalidating prior art must be currently in use, according to the filing.

"These incorrect and extraneous legal standards had no place in the jury room," Samsung's lawyers wrote. "For all these reasons, Mr. Hogan's conduct during voir dire and jury deliberations must be fully examined in a hearing with all jurors and can be cured only by a grant of new trial," they added.

Samsung also contends in the filing that it is entitled to judgement as a matter of law, or a new trial on Apple's design patent infringements, because it believes that no reasonable jury could find infringements of Apple's design patents and no reasonable jury could find Apple's design patents valid, among other similar claims, the document shows.

Since the verdict, Apple has asked the U.S. District Court for the Northern District of California to block sales of eight Samsung products because they infringe on its patents. The same court dissolved a preliminary injunction banning sales of Samsung's Galaxy Tab 10.1, because the jury found in the same case that Samsung did not violate the patent that had given rise to the injunction.

Samsung, meanwhile, has sought to extend its own claims of patent infringement against Apple products to cover the iPhone 5.

Loek covers all things tech for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com

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