Judge Lucy Koh has agreed to consider questions on whether Samsung's decisive legal loss in August was improperly influenced by jury foreman Velvin Hogan. Last month, Samsung asked the court to investigate whether Hogan had concealed information about previous legal entanglements that could have revealed an anti-Samsung bias, and whether he introduced outside information that affected the verdict.
Samsung hopes to prove that foreman Velvin Hogan lied by omission
Yesterday, Judge Koh issued a statement saying that at a December 6th hearing, "the Court will consider the questions of whether the jury foreperson concealed information during voir dire [jury selection], whether any concealed information was material, and whether any concealment constituted misconduct. An assessment of such issues is intertwined with the question of whether and when Apple had a duty to disclose the circumstances and timing of its discovery of information about the foreperson."
That last part is relevant because Samsung has filed a motion to require Apple to disclose when it became aware of "certain information" about Hogan, something that will be addressed on December 6th. As we've discussed before, Samsung is aiming high by accusing a juror of misconduct. If it wants to cast enough doubt to merit a new trial, it must convince the court not only that Hogan lied by omission, but that it could have made a difference to the verdict. That's going to be difficult at this point, especially after a drawn-out case that Koh repeatedly tried to guide into mediation rather than the courtroom.