Samsung requests new trial in Apple patent dispute

gavel
Could Samsung get off the hook?

Samsung has asked for a new trial against rival Apple, a move that could nullify a $1.05 billion (£665) payment it's been ordered to make to the Cupertino firm.

In papers filed over the last few days, Samsung has laid out a host of arguments for why a new trial is the correct legal course to take.

Jury problems

In Monday's filing, the company's lawyer asked that Koh bar "any further communication with jurors who served during the trial until matters by this motion have finally been resolved."

Just what those matters are isn't known as they were also blocked out.

Another part of the filing suggests that, when the arguments are brought forward, they will "subject all of the jurors to extra-judicial scrutiny and public criticism which they may find unwelcome and intrusive"

Part of the issue, CNET speculated, are post-trial interviews jurors gave to news outlets, including one in which Velvin Hogan, the jury's foreman and a video recording patent holder, said he explained particular patent nuances to his fellow jurors based on his work experience.

Hogan had told Koh he could set aside his understanding of the law based on his experiences and follow it "as instructed."

Hogan sent an email to the San Jose Mercury News Monday saying there was no jury misconduct during the course of the trial and defended the jury's verdict and integrity.

Apple made its own moves at the end of last week, filing for millions more in damages against Samsung as it alleged the company irreparably harmed "the iPhone's distinctive product identity."

Initial reports had pegged the new damages at $707 million (£435), however a report by the San Jose Mercury News places the sum Apple's seeking at $535 million (£329).

Via The San Jose Mercury News, CNET

Michelle Fitzsimmons

Michelle was previously a news editor at TechRadar, leading consumer tech news and reviews. Michelle is now a Content Strategist at Facebook.  A versatile, highly effective content writer and skilled editor with a keen eye for detail, Michelle is a collaborative problem solver and covered everything from smartwatches and microprocessors to VR and self-driving cars.