Apple v. Samsung: Samsung's Argument Regarding Juror Misconduct Insufficient To Justify A New Trial

After the jury returned a verdict in Apple's favor for over $1 billion in damages, Samsung moved the district court for a new trial. Samsung's based its motion on the argument that the jury foreperson gave dishonest answers during voir dire and that interviews he gave after the verdict demonstrated that he was biased. As explained by the district court, "Samsung claims that Mr. Hogan lied about his involvement nineteen years ago in a lawsuit with Seagate, a company in which Samsung is, as of 2011, a 9.6% shareholder. Samsung also argues that Mr. Hogan improperly presented extraneous prejudicial information during jury deliberations."

The jury foreperson had not disclosed that he was sued by his former employer, Seagate, in 1993 and that he had filed for personal bankruptcy six months after he was sued by Seagate. Samsung asserted that it learned of the jury foreperson's lawsuit with Seagate only after it reviewed the bankruptcy file, which occurred after the trial had concluded.

During interviews after the trial, the jury foreperson also commented on his role during the jury deliberations, which conduct Samsung argued warranted a new trial. "He explained, among other things, his view that whether design patents infringe depends on the "look and feel" of the device, and that a prior art reference is not invalidating unless it is "interchangeable." Id., Exhs. L at 2-3, N at 2.

"Samsung now argues that this Court should hold a hearing with all jurors to fully examine Mr. Hogan's conduct during voir dire and jury deliberations. Motion at 3. Samsung contends that a new trial is warranted based on Mr. Hogan's conduct because it shows that he was a biased juror who lied in order to obtain a seat on the jury, and that he inappropriately introduced extraneous prejudicial information to jury deliberations. Id. at 2." First, the district court concluded that Samsung had waived its claim for an evidentiary hearing and a new trial based on 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."

Second, the district court determined that the jury foreperson's post-verdict interviews did not warrant a new trial. "Samsung argues that an evidentiary hearing and a new trial are also warranted based on Mr...