Back in October, Samsung filed for a mistrial in the patent infringement suit that Apple won against the company in the US. The Korean-based tech giant claimed that the jury foreman failed to disclose information that could have affected the outcome.
Samsung requested a motion to compel Apple to reveal when it first learned that Velvin Hogan failed to disclose that he had been sued by Seagate, which is partly owned by Samsung. On Friday, Apple told the court that they knew very little about Hogan’s past.
According to Apple’s Notice of Service Declaration, the company had not been made aware of Hogan’s lawsuits involving Seagate until after the conclusion of the trial, when Samsung brought up the subject.
In a statement made by Mark Selwyn, one of Apple’s attorneys, on July 30, 2012 members of the litigation team did look into Hogan’s records and noted that he had filed for bankruptcy. However, the team did not request to review the court filing and therefore knew nothing about Hogan’s past with regards to Seagate.
This information shows two different things. First, it is evidence that Apple didn’t try to mislead the court by hiding information regarding Hogan’s history with Seagate. Second, it shows that Apple’s stance that Samsung should have investigated Hogan earlier seems hypocritical. If Apple didn’t follow up with a thorough investigation into the foreman’s litigation background, why should the responsibility lie on Samsung’s shoulders?
[Via: ARS Technica]