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Judge wishes Apple v. Samsung case would go away

The ball is in Apple's court
Fri Dec 07 2012, 15:40

UNITED STATES DISTRICT COURT JUDGE Lucy Koh is showing signs that she wishes the Apple v. Samsung case before her would go away.

The Financial Times reports that Judge Koh, who infamously asked lawyers in the case if they were "smoking crack", asked at a hearing yesterday, "When is this case going to resolve?"

She added, "I've said this all along. I think it's time for global peace... If there is any way this court can facilitate some sort of resolution, I'd like to do that. I think it would be good for consumers and good for the industry."

A settlement in this case would also get a troublesome and arguably flawed jury verdict off her docket.

However Samsung's lawyers agreed with her, apparently, saying of Apple, "The ball's in their court."

Apple didn't sound conciliatory, though, and it was so enamored of the jury's verdict that wants to see the judge impose further damages against Samsung. Apple lawyer Harold McElhinny said that so far not enough had been done and asked the judge to deny Samsung's objections to the jury verdict.

"Eventually it will come to the power of this court to establish a line, which the jury has done, and to enforce it," he said.

The problem with the jury, for Samsung, is that its foreman might not have been as impartial as the court would have liked.

Samsung alleges that the jury foreman, Velvin Hogan harboured a grudge against Seagate, a company in which Samsung is a major investor.

"Samsung has a substantial strategic relationship with Seagate," said the Korean firm in October.

"Mr. 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 wants the jury's $1bn damages verdict overturned and judgment as a matter of law in its favour, or alternatively, a new trial. µ


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