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Samsung requests new patent trial, alleging 'misconduct' by jury foreman

Samsung has requested a new patent trial against Apple due to juror misconduct, among other things.

According to Samsung, jury foreman Velvin Hogan "failed to answer truthfully" during jury selection. When asked if he or someone close to him had ever been involved in a lawsuit, Hogan recalled one such suit, but failed to mention two others, Samsung said. That included a suit his former employer, Seagate, brought against Hogan for breach of contract, as well as a personal bankruptcy filing.

Seagate has a "substantial strategic relationship" with Samsung, the company said. Furthermore, the attorney who sued Hogan on Seagate's behalf is a partner with Quinn Emanual, Samsung's law firm.

"Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning and that would have triggered a motion to strike for cause or a peremptory strike," Samsung said.

Samsung also said Hogan withheld other details in order to secure a place on the jury.

In an interview with Bloomberg, however, Hogan denied any wrongdoing.

Samsung also took issue with how the patents were evaluated by the jury as a whole, and how damages were awarded. It also complained that Apple experts were allowed to say and do more on the stand than those from Samsung.

"In the interests of justice, Samsung therefore respectfully requests that the Court grant a new trial enabling adequate time and evenhanded treatment of the parties," Samsung concluded.

The move comes shortly after the judge in the case, Lucy Koh, lifted a ban on the Galaxy Tab 10.1. In a separate patent case between Apple and Samsung, meanwhile, Samsung this week officially added the iPhone 5 to its complaint.