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Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Samsung aims to get a new trial against Apple patent infringement

No doubt anyone in Colorado or elsewhere has heard about the numerous patent infringement lawsuits currently being litigated around the globe. Just recently, Samsung was handed more than a $1 billion defeat in the patent infringement case against Apple and now it wants a new trial because the jury foreman did not disclose some rather interesting litigation he was involved in back in 1993. The jury foreman was sued by his former employer, Seagate, after he filed for bankruptcy. Samsung has a strategic relationship with Seagate and because of that substantial connection the jury foreman may have been biased in the case, claims Samsung.

The juror claims he did not do anything wrong or untoward. He was asked to disclose any litigation he was involved with over the last ten years and he did so. Since his case was in 1993 it was beyond the ten year mark and thus he was not required to disclose it. He claims had he been asked about any litigation prior to the ten year period he would have disclosed this information. The juror has questioned whether Samsung allowed him to be on the jury knowing of his prior litigation with his employer simply so it could use this information later should the trial not go in its favor.

Samsung claims in its request for a new trial that the juror’s failure to disclose this information raises questions regarding his ability to remain unbiased in the case and prevented Samsung from questioning possible motivations or negative attitudes toward the company. It is an interesting case however it remains unclear whether the court will find sufficient evidence of potential bias that it will require a new trial.

There have been numerous reports regarding the patent infringement case between Samsung and Apple and reports now indicate the litigation is likely to continue as Samsung has added the new iPhone 5 to its patent infringement lawsuit against Apple. A company’s patents are often its lifeline to past and future success and protecting those patents can be crucial to its continued growth. The cellphone business is highly competitive as are most successful businesses and if a company feels its ideas or intellectual property has been stolen there are legal options for demanding redress in court.

Source: VentureBeat, “Samsung bashes jury foreman in Apple case, wants new trial,” Sean Ludwig, Oct. 3, 2012

Our Denver law firm handles a variety of business law issues, including patent and intellectual property issues and other legal concerns with growing a business.

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