Apple and Samsung will face off in federal court on Thursday over
whether a juror's own legal dispute wrongly led to the South Korean firm
being hit with a billion-dollar patent damages award.
At the hearing
before US District Court Judge Lucy Koh, Samsung will present a motion
to have the $1.049 billion jury verdict tossed out based on the jury
foreman's undisclosed legal skirmish with Seagate nearly 20 years ago.
foreman had worked for Seagate, a technology company in which Samsung
owns a small stake, and wound up declaring bankruptcy after a court
battle with his former employer.
Samsung hopes to convince Koh
that the juror's experience influenced the August verdict, in what
amounted to misconduct strong enough to have the outcome overturned.
also called for Apple lawyers to reveal whether they knew that aspect
of the juror's past and opted not to share it in court.
filing late last week, Apple attorney Mark Selwyn said that the legal
team had not been aware of the juror's history with Seagate and argued
that deliberations were not tainted by misconduct.
with Seagate nearly two decades ago is irrelevant to any issue raised by
Samsung's post-trial motions," Selwyn contended in the filing.
will hear from both sides in her San Jose, California courtroom, but
legal experts caution that the hurdle for overturning a verdict based on
jury deliberations is dauntingly high.
The hearing agenda also
includes a motion by Apple for an injunction banning US sales of Samsung
smartphone models said to contain patented technology at issue in the
Apple asked Koh to ban eight Samsung mobile phones in the
US market in the days after its August victory in the patent suit
against the South Korean electronics giant.
The request includes
phones being sold by AT&T, Verizon and T-Mobile to US customers that
were found to have infringed on Apple's patents from its iconic iPhone.
asked the court to ban some of the newer 4G phones from Samsung's
Galaxy line as well as the Droid Charge sold through Verizon.
phones include the Galaxy S 4G, Galaxy S2 AT&T model, Galaxy S2
Skyrocket, Galaxy S2 T-Mobile model, Galaxy S2 Epic 4G, Galaxy S
Showcase, Droid Charge and Galaxy Prevail.
Along with Samsung
motions to reduce or dismiss charges, Koh is expected to consider
Apple's request for "punitive" damages, which could triple the award.
August, the jury decided that Samsung should pay Apple $1.049 billion
in damages for illegally copying iPhone and iPad features, in one of the
biggest patent cases in decades a verdict that could have huge market
Samsung has depicted the verdict as "a loss" for consumers and contended that Apple had "manipulated" the patent system.
The jury decided the case with over 700 separate claims in less than three days of deliberations.
had steadfastly denied the charges by Apple, claiming it developed its
devices independently. It unsuccessfully argued that Apple infringed on
its wireless patents.