Judge Lucy Koh

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:
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At the beginning of the week, we reported Samsung leaked slides to the press that Judge Koh excluded as evidence in the Samsung-Apple trial currently underway. Judge Koh was not impressed with the move, despite much of the information in the slides being public knowledge, and today we get an update from FossPatents on Apple’s response to the situation. According to the report, Apple filed a letter with the courts today claiming fines would not be a severe enough punishment for Samsung and it requested a judgment in its favor:

“The proper remedy for Samsung’s misconduct is judgment that Apple’s asserted phone design patents are valid and infringed. Through its extraordinary actions yesterday, Samsung sought to sway the jury on the design patent issues, and the proper remedy is to enter judgment against Samsung on those same patents. It would be, to be sure, a significant sanction. But serious misconduct can only be cured through a serious sanction—and here, Samsung’s continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law.”

Apple also outlined an alternative set of sanctions, requesting “the Court should (i) instruct the jury that Samsung engaged in serious misconduct and that, as a result, the Court has made a finding that Samsung copied the asserted designs and features from Apple products; and (ii) preclude Samsung from further mentioning or proffering any evidence regarding the ‘Sony design exercise’ for any purpose.” FossPatents said Apple’s requests could mean big problems for Samsung moving forward:
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When we reported on Apple’s courtroom woes in March, we told you lawmakers were sending letters to iOS devs (Apple included) and questioning them on their privacy policies about how apps access contact data without explicit user permission. Despite promises, Apple has yet to carry out an update requiring apps to ask for user-approval, but an earlier case over the collection of user data has been given the green light by U.S. District Judge Lucy Koh in California. Reuters reported the lawyers representing customers in the case claimed in court today that Apple “collected data on customers’ geographical locations even after users said they didn’t want to share the information.” The judge is asking Apple to submit relevant documents to the plaintiffs by May 17.

In other courtroom news, ComputerWorld reported this week that Judge Koh ordered Apple and Samsung to “streamline” its patent claims ahead of a trial set for July 30. According to the report, the companies have already cut back the claims included in the case to 37 products, 16 patents, six trademark, five trade dress claims, and an antitrust suit, but Judge Koh said the extent of the case is “cruel and unusual punishment to a jury.” If Apple and Samsung do not agree to reduce the set of claims, the trial could be postponed until next year. The news comes after the companies agreed with Koh to have their CEOs meet for settlement talks related to the patent cases on May 21-22.

Justia.com reported this week that Apple is facing a class-action lawsuit over claims that iTunes is continually double billing a customer for downloads of a song. Apple apparently refuses to refund some customers for these double billing incidents, citing its Terms of Service. A copy of the lawsuit and more information on the class action is here.

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