“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:
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There can be no doubt whatsoever that the European Commission was behind this. Samsung would never have done this voluntarily, especially not in jurisdictions such as Germany that do not rule out SEP-based injunctions at all. Nor are there signs of a partial or complete settlement (otherwise there would have been a joint announcement, with Apple also dropping some claims). The only plausible explanations for this unilateral withdrawal involve the European Commmission. One is that the European Commission presented Samsung with Hobson’s Choice, and the other possibility is that Samsung altered course before reaching that point.