Given the amount of money that goes into Juror Analysis in huge cases like this, is it possible Samsung knew about this all along and was keeping as an ace up their sleeve in case they lost?
3. In response to Samsung’s motion detailing Velvin Hogan’s failure
to reveal his litigation with Seagate during voir dire and its impact on the
integrity of the trial and the verdict, Apple demanded that Samsung
disclose the timing of its knowledge regarding those facts. A true and
correct copy of Apple’s email, along with further correspondence
between counsel for the parties that resulted in Apple’s agreement that any
such disclosures would not constitute a waiver of any privilege, is
attached hereto as Exhibit A. By way of separate declaration,
Samsung is confirming to Apple that it did not know of Mr. Hogan’s undisclosed
litigation against Seagate until after the verdict. To date, Apple has not
revealed whether it was aware of Mr. Hogan’s litigation against Seagate
prior to the verdict or prior to Samsung’s Motion.
According to Groklaw, Apple asked via email and Samsung has denied this in a filing.
"By way of separate declaration, Samsung is confirming to Apple that it did not know of Mr. Hogan’s undisclosed litigation against Seagate until after the verdict." --Samsung, #2012
It might be legal, but if found out it would almost certainly get their motion denied, which is why Apple aggressively pursued a statement from Samsung about whether or not they knew. As a result, Samsung has made a declaration they did not know, and so at this point if it later turns out they did now, they're in trouble.
