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Samsung claims jury misconduct, demands retrial against Apple

Loek Essers | Oct. 4, 2012
The foreman of the jury that recently handed Apple a US$1 billion patent victory over Samsung Electronics was untruthful and biased, the South Korean company alleged in a filing with a U.S. court. Samsung wants a retrial of the case, in which Apple made patent infringement claims against a number of its smartphones and tablets.

"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.

 

 

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