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Apple: Jury foreman comments were 'balanced, not biased'

In a new filing rebutting Samsung's efforts to get a re-trial, Apple talks up the character of the jury's foreman.

U.S. District Judge Lucy Koh talks to the jury in the Apple vs. Samsung trial.
U.S. District Judge Lucy Koh talks to the jury in the Apple vs. Samsung trial. Vicki Behringer

Weeks after Samsung filed paperwork requesting a new trial over objections with a particular juror, a big damages tally, and patent issues, Apple has filed its response.

As you'd imagine, the iPhone and iPad maker, which was awarded $1.05 billion by a San Jose jury as part of a sweeping legal win in August, isn't into a re-do.

In a 30-page filing tonight, the company attacked each of the claims made in Samsung's October 2 filing, saying the South Korean electronics giant "fails to meet the high bar to obtain judgment or new trial on any claim," later adding that any attack on the jury's findings "is clearly unfounded."

Chief among the issues brought up by Samsung in its earlier filing was the involvement of Velvin Hogan, the jury foreman who appeared in a number of media interviews following the trial and commented on what went on behind the scenes. Samsung said Hogan failed to bring up the fact that he had a legal spat with Seagate in 1993 (of which Samsung owns a piece), something Apple says Samsung missed its chance to bring up.

"If Samsung's recent acquisition of a 9.6 percent stake in Seagate were so important that bias toward Seagate could create bias against Samsung, it should have asked Mr. Hogan about Seagate," the filing reads. "Had Samsung done so, or ordered the bankruptcy file--the exact step it took only after it received the unfavorable jury verdict -- it could have discovered the Seagate complaint. By doing nothing, Samsung waived its objections."

Apple-Samsung jury foreman Velgin Hogan appearing on Bloomberg TV in August.
Apple-Samsung jury foreman Velgin Hogan appearing on Bloomberg TV in August. Screenshot by Josh Lowensohn/Bloomberg TV

Apple goes on to claim that Hogan's comments about intellectual property were "balanced, not biased."

Apple also defended its expert witness' damages calculations, as well as the protection of various claims detailed in its patents, at one point saying Samsung didn't offer any "real rebuttal" in its defense of a patent for scrolling.

A federal jury in San Jose, Calif., in August overwhelmingly sided with Apple, rejecting all of Samsung's claims, and finding that the South Korea-based smartphone maker was liable for about $1.05 billion in damages arising from software patents on mobile devices. Despite the seeming finality of that judgement, some things are still up in the air, including any efforts to appeal the decision.

The two companies are slated to meet once again in the U.S. court on December 6 for a hearing about any permanent injunctions against Samsung's products. In a filing last month Apple took aim at eight of Samsung's smartphones, citing patent infringements that were decided by the jury. That hearing is also slated to bring possible resolutions for other post-trial issues, including filings like this one.

You can read the whole filing below:

Apple Samsung FIling Oct 19