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October 4, 2012

Samsung calls for retrial in Apple patent lawsuit

Judge failed to answer truthfully during 'voir dire

By CBR Staff Writer

Samsung is seeking a retrial of a recent patent dispute case with Apple, alleging that Apple’s $1.05bn victory was untruthful and biased,

The South Korean firm in its filing with a US court said that Jury foreman Velvin Hogan failed to answer truthfully during ‘voir dire.

Voir dire is a legal term for the court procedure of questioning prospective jurors to determine whether they could be biased before the juror included in the jury.

According to Samsung, Jury foreman was unsuccessful to reveal that Seagate Technology had sued him for infringe of contract two decades ago.

Samsung’s lawyers noted, "Mr Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning."

Samsung has also alleged that judge had also delivered some unfair decisions.

According to South Korean firm, jury foreman has also been silent when enquired if he had strong feelings or opinions regarding the US patent system or intellectual property laws.

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Following the verdict, Hogan said that he sought to be fulfilled that judgment confined intellectual property rights and copyrights to deliver a note to the industry that patent infringement is a mistake.

Samsung also claims that the new trial must be allowed due to the unfair time, witness and exhibit restrictions imposed by Judge Lucy Koh.

"The constraints… were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple’s many claims," Samung’s lawyer wrote.

Judge Koh had also forced restrictions on Apple during the case, particularly refusing its lawyer’s attempt to submit a long list of potential rebuttal witnesses.

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