It looks like Apple’s patent victory over Samsung earlier this year may have another issue to content with. After the United States Patent and Trademark Office decided to tentatively invalidate Apple’s infamous rubber-banding patent (Patent No. 7,469,381) a few weeks back, Judge Lucy Koh has now agreed to look into allegations that the outcome of the court case was improperly influenced by Velvin Hogan – the jury foreman.
The Court will consider the questions of whether the jury foreperson concealed information during voir dire (jury selection), whether any concealed information was material, and whether any concealment constituted misconduct. An assessment of such issues is intertwined with the question of whether and when Apple had a duty to disclose the circumstances and timing of its discovery of information about the foreperson.Judge Lucy Koh
During the jury selection process, Vevin Hogan neglected to disclose that he may have a bias towards Samsung due to his employment history. While Samsung was not aware of the issue until after the final ruling on the case had been made, there is some evidence that suggests Apple’s legal team may have known about it.
It’s hard to say what the final outcome will be, but it’s certainly clear that the Apple vs. Samsung case isn’t over yet.