Apple vs Samsung: Apple loses bid for US ban, new trial over juror misconduct denied, Samsung drops EU sales ban requests

apple-v-samsungToday, we have updates on Apple and Samsung’s ongoing court woes. A report from Bloomberg noted U.S. District Judge Lucy H. Koh in the San Jose, California case rejected Apple’s most recent request for a United States sales ban on 26 Samsung devices. According to the report, Koh said the decision was based on the fact that the “case involves lost sales—not a lost ability to be a viable market participant.”

“Samsung may have cut into Apple’s customer base somewhat, but there is no suggestion that Samsung will wipe out Apple’s customer base, or force Apple out of the business of making smartphones,” Koh said. “The present case involves lost sales — not a lost ability to be a viable market participant.”

As noted by The Verge, a second post-trial order delivered by Koh yesterday denied Samsung’s request for a new trial on the claims of jury misconduct. Koh claimed that juror Velvin Hogan disclosed his previous involvement with Seagate during the jury selection process, giving Samsung’s lawyers more than enough time to discover the litigation. From the court filing:

Samsung has waived its claim for an evidentiary hearing and a new trial based on Mr. Hogan’s alleged dishonesty during voir dire.  Prior to the verdict, Samsung could have discovered Mr. Hogan’s litigation with Seagate, had Samsung acted with reasonable diligence based on information Samsung acquired through voir dire, namely that Mr. Hogan stated during voir dire that he had worked for Seagate.

Samsung vs. Apple cases abroad are also making news today: FossPatents reported today that Samsung has dropped all requests for sales bans against Apple in Europe related to standard-essential patents. However, as pointed out in the report, Samsung will still attempt to win monetary compensation in its cases against Apple, but will no longer request courts to enforce bans on Apple products. FossPatents speculated on Samsung’s decision: Read more

Judge to review claims of juror misconduct in Apple vs. Samsung case Dec. 6

Following the $1 billion verdict in the Samsung vs. Apple case, Samsung has been attempting to get the courts to investigate juror Velvin Hogan. It claimed Hogan “concealed information” about his past history with Seagate, a company Samsung is now a shareholder in. CNET reported Federal District Judge Lucy Koh will consider Samsung’s claims in a hearing set for Dec. 6. At the heart of the allegations is whether Hogan disclosed that his former employee Seagate had previously sued him:

As part of her inquiry, Koh said she will require Apple to disclose what information the company’s lawyers knew about the jury foreman…Samsung argued that jury foreman Velvin Hogan didn’t disclose during jury selection that he had been sued by Seagate, his former employer. Samsung pointed out in court papers that Seagate and Samsung have a “substantial strategic relationship.” The litigation with Seagate led Hogan to file for personal bankruptcy in 1993. Samsung maintains Hogan should have informed the court about the case.

The Register reported today that Apple called Samsung’s argument a “convoluted theory,” adding it was Samsung responsibilities to interview jurors members during jury selection: Read more

More ThunderBolt at CES 2012: Western Digital shows impressive speeds, Hitachi shows pro setups and Seagate shows off sleds

I had some time to demonstrate some of the upcoming Thunderbolt accessories from external drive makers at CES earlier today. We briefly discussed a few others from OCZ, LaCie, Belkin and Elgato earlier in the week. First up is the Western Digital MyBook Thunderbolt Duo:

These are going to compare nicely to the Promise RAID setup that has similar speeds, but it does not have a price or release date yet.  The vibe seemed to be like Q2 with perhaps an announcement at Macworld.

Next up is the Hitachi G-Drive series of Thunderbolt Drives, and these drives are 8TBs…

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Apple recalls “small number” of 1TB Seagate hard drives in latest iMac line

Apple has issued a recall for a “small number” of 1TB Seagate hard drives in the 21.5-inch and 27-inch iMacs. Apple’s announcement doesn’t go into specifics, but says the systems were sold between May 2011 and July 2011. If you’re are experiencing issues you can take your iMac to an Apple retail store or Apple service provider, or you can contact Apple technical support. Apple will replace the hard drive free of charge. (via MacRumors)

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