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Samsung Attacks Juror to Get Apple Verdict Overturned
Claims Head Juror Failed to Disclose History
by Karl Bode Thursday 04-Oct-2012 tags: business · wireless · hardware · wireless
As many as surmised, Samsung plans to attack the patent-owning jury foreman as part of their plan to get the $1 billion patent loss against Apple overturned. In a formal request to have the ruling thrown out, Samsung claims jury foreman Velvin Hogan failed to disclose a past lawsuit against Seagate and his personal bankruptcy when asked about his history during jury selection. Samsung says the company has a "substantial strategic relationship" with Seagate and the lawyer who filed the complaint against Hogan is married to an attorney who now works for the firm representing Samsung in the trial against Apple. Defending himself, Hogan says he was only asked about lawsuits that occurred during the last ten years.

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brianiscool

join:2000-08-16
Tampa, FL
kudos:1

Samsung

You lost deal with it! You are thieves and stole from Apple.

fuziwuzi
Not born yesterday
Premium
join:2005-07-01
Atlanta, GA

Re: Samsung

said by brianiscool:

You lost deal with it! You are thieves and stole from Apple.

No.
--
Teabaggers: Destroying America is Priority #1

PapaMidnight

join:2009-01-13
Baltimore, MD

Re: Samsung

said by fuziwuzi:

said by brianiscool:

You lost deal with it! You are thieves and stole from Apple.

No.

Hell No.
tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2
It's clear that Samsung _knew_ they were taking ideas from Apple. I think the trial turned to be more about the fact that Samsung _knew_ they were taking from Apple and less about the valitity of Apple's patents to start with. Samsung documents showed they knew they were taking from Apple and Google also warned them.

These appeals are all purely legal moves. They need to send a message to Apple that they are not just going to roll over and collecting on the judgement may take years. It's all an effort to get some type of leverage with Apple and then they can discuss a settlment. A condition of the settlement will be that no one can mention the amount. That there is always the doubt as to the extent of Samsung's guilt as it's not know if they pay $1 less then the judgement or $50.

Samsung will end up paying Apple probably $500k - $750k and work in a deal that Apple won't object to those devices being sold. At the end of the day Samsung will still be the #2 phone manufacture and in the future will pass by Apple by continuing to develop better products.

fuziwuzi
Not born yesterday
Premium
join:2005-07-01
Atlanta, GA

Re: Samsung

Will Apple in-kind pay Samsung, Motorola, HTC, etc. for the patents Apple has been stealing and refusing to negotiate a license?
--
Teabaggers: Destroying America is Priority #1

cpsycho

join:2008-06-03
HarperLand
Reviews:
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Thing is Cr-apple should not have won, when prior art said they could not win. Square with round corners, Cr-apple: "yeah we came up with that idea". In reality they did no such thing. They just had the jury stocked with apple supporters and a judge that was an apple supporter.
pandora
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Re: Samsung

said by cpsycho:

Thing is Cr-apple should not have won, when prior art said they could not win. Square with round corners, Cr-apple: "yeah we came up with that idea". In reality they did no such thing. They just had the jury stocked with apple supporters and a judge that was an apple supporter.

The round corner thing is ludicrous, but also a juror not indicating a potential conflict in a case of this size is unacceptable.

Nobody should own round corners, if Apple does, no car, no flashlight, or door knob, or spoon / spork is safe.
--
"If you put the federal government in charge of the Sahara Desert, in 5 years there'd be a shortage of sand." - Milton Friedman"

NOCTech75
Premium
join:2009-06-29
Marietta, GA
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Re: Samsung

said by pandora:

said by cpsycho:

Thing is Cr-apple should not have won, when prior art said they could not win. Square with round corners, Cr-apple: "yeah we came up with that idea". In reality they did no such thing. They just had the jury stocked with apple supporters and a judge that was an apple supporter.

The round corner thing is ludicrous, but also a juror not indicating a potential conflict in a case of this size is unacceptable.

Nobody should own round corners, if Apple does, no car, no flashlight, or door knob, or spoon / spork is safe.

Crapple's lawyers are already researching this.

ropeguru
Premium
join:2001-01-25
Mechanicsville, VA
said by cpsycho:

Thing is Cr-apple should not have won, when prior art said they could not win. Square with round corners, Cr-apple: "yeah we came up with that idea". In reality they did no such thing. They just had the jury stocked with apple supporters and a judge that was an apple supporter.

Was it really "square with round corners"? If so, they certainly should not have won as their devices are rectangles with round corners.

cpsycho

join:2008-06-03
HarperLand

Re: Samsung

I made a boo boo, you can sue me for a billion dollars.

ropeguru
Premium
join:2001-01-25
Mechanicsville, VA

Re: Samsung

said by cpsycho:

I made a boo boo, you can sue me for a billion dollars.

Yes I can because I hold a patent on making boo boo's.

cpsycho

join:2008-06-03
HarperLand

Re: Samsung


NOCTech75
Premium
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said by ropeguru:

said by cpsycho:

I made a boo boo, you can sue me for a billion dollars.

Yes I can because I hold a patent on making boo boo's.

You made Honey Boo Boo?
sk1939
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Washington, DC
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Re: Samsung

said by NOCTech75:

said by ropeguru:

said by cpsycho:

I made a boo boo, you can sue me for a billion dollars.

Yes I can because I hold a patent on making boo boo's.

You made Honey Boo Boo?

That would explain so much...

fanboiiscool

@ibm.com
said by brianiscool:

You lost deal with it! You are thieves and stole from Apple.

Sorry fanboiiscool, but they lost because of a stacked deck. And now the world is getting a peek under the covers of the hampster cage that is the american court system. Fair and just my left butt check.

The courts have become about popularity and who you can buy !

mob
On the next level..
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Re: Samsung

said by fanboiiscool :

said by brianiscool:

You lost deal with it! You are thieves and stole from Apple.

Sorry fanboiiscool, but they lost because of a stacked deck. And now the world is getting a peek under the covers of the hampster cage that is the american court system. Fair and just my left butt check.

The courts have become about popularity and who you can buy !

+1 and QFTFT!
--
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You're a daisy if you do. - Doc Holliday
And as always, have nice day.

TheHelpful1
Premium
join:2002-01-11
Upper Marlboro, MD

Re: Samsung

said by mob:

said by fanboiiscool :

said by brianiscool:

You lost deal with it! You are thieves and stole from Apple.

Sorry fanboiiscool, but they lost because of a stacked deck. And now the world is getting a peek under the covers of the hampster cage that is the american court system. Fair and just my left butt check.

The courts have become about popularity and who you can buy !

+1 and QFTFT!

QFTFT???
--
"My weakness is that I care too much"

mob
On the next level..
Premium
join:2000-10-07

Re: Samsung

said by TheHelpful1:

QFTFT???

Quoted For The Fvcking Truth

birdfeedr
Premium,MVM
join:2001-08-11
Warwick, RI
kudos:8
said by fanboiiscool :

the hampster cage

where any good lawyer can uncover dirty laundry to defend his assertion the deck was stacked. Lift the lid and you'll see it's all a card game.

Thanks for the really mixed metaphor.
decifal

join:2007-03-10
Bon Aqua, TN
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Um, no, and if you want to get technical, Samsung has patents on the 4g technology apple is using in their Iphone5..

Personally I'm looking forward to a retrial and hopefully see a smackdown on the crying.. I would rather apple come back with an even greater product than to just sue the competition...

Lame

Suntop
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Choteau, MT
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1 edit
You sir are a fool. Apple stole ideas SINCE THEY STARTED... Xerox anyone? And you Apple fan, do some research and find out about that company you are defending! Example, the iPAD the design was based on a media device that was released by another company that made it in 2005 or 2006 before the iPad was released.

Oh on a side note, Microsoft is just as bad. But they stole from APPLE who stole.... It is so sad no one remembers computer history. For example M$-Dos was bought for around $50,000 from Seattle Computer. Which is not even 10% of what Microsoft should of given the creator of DOS. They should have at least given the creator a few million.

tshirt
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Re: Samsung

said by Suntop:

It is so sad no one remembers computer history. For example M$-Dos was bought for around $50,000 from Seattle Computer. Which is not even 10% of what Microsoft should of given the creator of DOS. They should have at least given the creator a few million.

They paid (what was at the time) a huge amount, for an O/S they weren't sure they could resell. BTW at that time MS didn't have a few million, even the $50k was risking everything. Had the IBM thing not worked out, MS would likely have been a blip on the PC timeline.

Suntop
Premium
join:2000-03-23
Choteau, MT

Re: Samsung

Well I cannot argue that HOWEVER they could have shared the profits later to the guy. Maybe they did with stock or something. I do not know.

tshirt
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Re: Samsung

Tim Paterson the guy who wrote it (and designed a basic computer to go with it.) actually worked for MS several times
Rod Brock the guy who hired Paterson to work at SCP go $50k and a lifetime license to MS-DOS made a few million reselling it and then recieved another million when MS bought the license back.
So everyone did ok, but it is business, you plan to buy low and sell high, but holding out for highest may leave you with a bunch of rotting fruit.

BF69
Premium
join:2004-07-28
Camden, TN

»www.youtube.com/watch?v=3S_JgkiW3qI

Suntop
Premium
join:2000-03-23
Choteau, MT

Re: Samsung

Ahh Pirates of Silicon Valley. Great movie.
tanzam75

join:2012-07-19
said by Suntop:

Oh on a side note, Microsoft is just as bad. But they stole from APPLE who stole.... It is so sad no one remembers computer history. For example M$-Dos was bought for around $50,000 from Seattle Computer. Which is not even 10% of what Microsoft should of given the creator of DOS. They should have at least given the creator a few million.

If you want to appear more than 13 years old, I recommend that you cool it with the "M$." That stuff became old in 2002.

As a matter of fact, the creator of MS-DOS did get millions -- at least a few, possibly more.

Tim Patterson later went to work for Microsoft over three separate stretches. The pre-IPO stock options he got would've made him a deca-millionaire, assuming they vested before he left.

He also went back to work for Microsoft post-IPO, in 1990. This time, he stayed 8 years, so those options definitely vested. He would've become at least a millionaire, even if he sold immediately upon vesting. If he held onto them until he left, he would've become a multi-millionaire.

Suntop
Premium
join:2000-03-23
Choteau, MT

Re: Samsung

My apologies. I did not mean to make you think that. Excuse me for being a lil silly when I WROTE IT. And thank you for letting me know that he did get paid properly for that. I did not know that till now.
tanzam75

join:2012-07-19

Re: Samsung

Don't worry about it. I've also written silly things from time to time.

Best way I've found of avoiding this is to do my research ahead of time. That way, I can form my opinions based on facts instead of assumptions.
TuxRaiderPen

join:2009-09-19
said by tanzam75:
If you want to appear more than 13 years old, I recommend that you cool it with the "M$." That stuff became old in 2002.
No.. its part of the official club handshake. I know suntop is a member sort of like the handshakes of masons in the past.

I use it all the time, and will continue to use any as a form of derogatory reference to them, crapple and other companies.

If you would like I have some other terms for them which I would be glad to use... but they most definitely are not for the "kumbaya pc" crowd here, so m$ and crapple, crapble will have to suffice.
--
1311393600 - Back to Black.....Black....Black....

skuv

@rr.com
Come on now. If they guy knew what his OS was going to be worth in the future, he wouldn't have sold the rights to it for $50k.

And if he knew the potential, he would have put together his own way to market and sell it.

Microsoft didn't really owe him anything after buying it. That's how business works.
tcope
Premium
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Sandy, UT
kudos:2
And those companies are welcome to file suit aganist Apple if they feel they have a case. "Stealing" (quoted because I'm not saying they did) is easy against someone who just came up with an idea. I can see a building and make one of my own based on what I saw... this might not be "stealing". It's up to the building owner/designer to prove that something was "stolen".

So saying someone "stole" from someone else is all fine and good... but it's not really saying anything without context. In this case you are throwing in a lot of different things all together and many things that are not related. Xerox/PARC is about the a GUI on desktop computers. Job then claimed that he asked to use it but Gates "stole" it as he did not even ask. Truth is, neither stole it as you claim. To be accurate, they did not invent the GUI that they used.

But again... nothing to do with this.
cOOLguy

join:2009-09-10
Torrington, CT
In a nice way, I want to tell you that you dont have a clue about what you are talking about.

IBM approached Bill Gates for an OS, but he sent them to Gary WhatsHisName who invented CP/M. The first time IBM tried to talk to Gary, he blew them off because he was flying his new plane. The second time, he blew them off because he refused to sign an NDA.

So IBM played hard ball with Bill (Bill just wanted to write Basic, and leave that OS thing to Gary, another stunningly stupid error just like missing that Internet thing, and 640K of memory thing.)
Bill bought the code from Gary. Bill came up with idea of licensing software but not selling it.

Bill got rich

Gary got jealous.

Read all about it in 'Barbarians Led by Bill Gates"

Suntop
Premium
join:2000-03-23
Choteau, MT

Re: Samsung

Okay I will read it. I do not know much I admit that. Thank you for being kind and telling me I am wrong. I appreciate your post and thank you for the book suggestion. I will go look for it at my library.

BF69
Premium
join:2004-07-28
Camden, TN
said by brianiscool:

You lost deal with it! You are thieves and stole from Apple.

Try paying attention.
EdmundGerber

join:2010-01-04
kudos:1
said by brianiscool:

You lost deal with it! You are thieves and stole from Apple.

Hey brianisStunned?

No.

Smith6612
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join:2008-02-01
North Tonawanda, NY
kudos:22
But Apple buys from Samsung! So even if Samsung lost the case, Samsung is still making bank. Unless Apple fired them as a supplier ;P
jjeffeory

join:2002-12-04
USA
Hardly. There's been "stealing" from all sides.
This is all just stupid. IP law is ridiculous.
pandora
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Re: Samsung

said by jjeffeory:

Hardly. There's been "stealing" from all sides.
This is all just stupid. IP law is ridiculous.

This is a bunch of guys in a basement filled with gasoline, each has a few matches. Any company stupid enough to light their match, is going to grind all development to a halt while everyone sues everyone (or using the metaphor, while the house burns down).

Apple could find itself mired in a litigation nightmare that won't end.
--
"If you put the federal government in charge of the Sahara Desert, in 5 years there'd be a shortage of sand." - Milton Friedman"
ajac

join:2000-08-15
Norman, OK
hell no asshole

Anonymous
Premium
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IA
kudos:1
The only problem is this is Apple's only win against Samsung. They are losing these suits worldwide. And this one will get overturned.
--
I speak for myself, not my employer.

DrModem
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said by brianiscool:

You lost deal with it! You are thieves and stole from Apple.

Curse those rectangle thieves.

applesfallin

@verizon.net
Ok, so if Samsung copied their "rounded corners" and some of their software who gives a care?

Apple copied a hand held device that lets you call people O_o

Smartphones were out before the iPhone came out, they simply put all there was into one neat little package. It wasn't really that innovative. Same with iPad. Sleek design, but tablets had been out for ages.

Metatron2008
Premium
join:2008-09-02
Stockbridge, GA

If you look at the transcripts...

He was asked for any time, not 10 years, which means he commited perjury.

See 6 replies to this post

PA23

join:2001-12-12
East Hanover, NJ

from the voir dire (jury selection) transcript -

Do you see it state in the last 10 years have you ever been involved in a lawsuit? I most certainly don't.

THE NEXT QUESTION IS, HAVE YOU OR A
FAMILY MEMBER OR SOMEONE VERY CLOSE TO YOU EVER
BEEN INVOLVED IN A LAWSUIT, EITHER AS A PLAINTIFF,
A DEFENDANT, OR AS A WITNESS?

LET'S SEE. ON THE FIRST ROW, WHO WOULD
RAISE THEIR HAND TO THAT QUESTION?

ALL RIGHT. LET'S GO TO MR. HOGAN.

The full transcript can be gotten here: »www.groklaw.net/pdf4/ApplevSamsu···1Ex1.pdf

should be interesting and its far from over. Is Velvin Hogan guilty of perjury? don't know, IANAL plus he just has to say that he misunderstood the question and thought he heard the last 10 years, it probably takes him off the hook for perjury but still leaves the door wide open for Samsung to look to have the whole verdict tossed out.
--
It's the end of the world as we know it, and I feel fine

tshirt
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Re: from the voir dire (jury selection) transcript -

Most likely on the jury pool form it asked about 10 years (pretty standard question) but in voir dire the judge asked "ever".

Still if he remembered having sued, (individual filing suit yes, got a small check as part of a class action 20 years ago? maybe not?)
The court will have the facts and certainly question his motives (makes the court look bad, he certainly will be harshly punished for anything that can be proven)

JolietJake

@fgrlaw.com

Re: from the voir dire (jury selection) transcript -

By the way, the lawsuit Hogan is talking about was 2008!!! And a dispute over who owned the patent on computer software - and you don't think this would affect his judgment as the foreman of the jury?

tshirt
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Re: from the voir dire (jury selection) transcript -

Without a doubt he should have recused from ANY jury duty.
Too recent, too personal, too likely to have some prejudice about something/someone in the legal system.

Now he gets to see it from the defendent side

cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7
said by JolietJake :

By the way, the lawsuit Hogan is talking about was 2008!!! And a dispute over who owned the patent on computer software - and you don't think this would affect his judgment as the foreman of the jury?

It wasn't a dispute over who owned the patent on computer software. It was over who owned the rights to the software. Patents weren't mentioned.

My guess is that it was simply who really owned the software and could license it in the future. It's common in software development that contracted work is owned by the developer unless the rights were specifically transferred to the contracting company. However if the work was not done by a contractor and was instead the work of a direct employee, then the copyrights are typically owned by the company. I don't know about other fields other then software development, but I would imagine that other contract work is similar, be it electrical engineering, graphics design, etc.
ArizonaSteve

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False Verdict Should Be Overturned!

Samsung did not copy the iPhone. Sure they look a little bit alike with a big screen that has icons on it but that's where the similarity ends. If you take off the backs and compare the the Apple and Samsung phones they are completely different. Too bad the jury didn't get to see that. Also, I've been to crooked courts before so I know how Samsung must feel.
Dodge
Premium
join:2002-11-27

Re: False Verdict Should Be Overturned!

said by ArizonaSteve:

Samsung did not copy the iPhone. Sure they look a little bit alike with a big screen that has icons on it but that's where the similarity ends. If you take off the backs and compare the the Apple and Samsung phones they are completely different. Too bad the jury didn't get to see that. Also, I've been to crooked courts before so I know how Samsung must feel.

Apple wouldn't want to disassemble the phones and reveal that half of their "magic" phone is made by Samsung
jjeffeory

join:2002-12-04
USA

Re: False Verdict Should Be Overturned!

That's the REALLY funny part. Samsung makes a bunch of parts for the iPhone.

cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7
said by ArizonaSteve:

Too bad the jury didn't get to see that. Also, I've been to crooked courts before so I know how Samsung must feel.

Half the lawsuit was about design patents, as in specifically how they look. Nothing in Apple's claims against Samsung related to internal design. They didn't compare internals as there was no need to.
ExoticFish

join:2008-08-31
Stuarts Draft, VA

Re: False Verdict Should Be Overturned!

Because on the inside it's Samsung.
--
»www.VAJeeps.com
equivocal

join:2008-01-23
USA

Apple sues New Yankee Workshop for all of Norm's plaid...

This just in...
Apple has sued NYW host Norm Abram for all his plaid because his repeated use of the so-called round-over bit results in objects which infringe on Apple's ownership of all rounded corners.

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