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Samsung wants Apple's patent win overturned

Samsung wants a patent verdict in favor of Apple overturned, because of the jury foreman's misconduct.

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The Samsung Galaxy S3. Samsung wants a patent verdict in favor of Apple overturned because of a jury foreman's misconduct. (Sean Gallup/AFP/Getty Images)

Samsung on Wednesday called for a major patent verdict in favor of Apple to be overturned because the jury foreman did not disclose his bias.

Samsung said Apple's win in August was tainted by the foreman's failure to disclose a lawsuit and his personal bankruptcy, according to Bloomberg. The company put in a request to the judge for the verdict to be thrown out.

Foreman Velvin Hogan allegedly did not disclose that he had been sued by Seagate Technology, his former employer and a strategic partner of Samsung. Hogan had also filed for bankruptcy in 1993.

Samsung highlighted that it is the largest direct shareholder in Seagate, after a $1.4 billion deal in 2011, the BBC said.

"Mr. Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore," said Samsung in its request for a new trial, according to Bloomberg. It also said Hogan's statements suggest he did not answer the court's questions "truthfully" to "secure a seat on the jury."

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The verdict of the trial in August found that Samsung had improperly violated patented technology in the iPhone and iPad. The jury awarded Apple $1.05 billion in damages, Reuters reported.

Reuters said, "Hogan acknowledged the litigation with Seagate - now twenty years old - and said he had not been asked to list every lawsuit in which he had ever been involved."

Hogan told Reuters, "They've got a job to do and I don't hold that against them."

Samsung's filing also pointed to interviews Hogan gave after the verdict in which he said he wanted "to send a message to the industry at large that patent infringing is not the right thing to do" and "make sure the message we sent was not just a slap on the wrist," said the BBC.

Samsung said this showed that Hogan had remained silent when asked if he had strong opinions on intellectual property laws.

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http://www.globalpost.com/dispatch/news/business/companies/121003/samsung-wants-apples-patent-win-overturned