• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military

2

'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032

3

Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there

1

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military

2

'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032

3

Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there

Jury misconduct issue in Apple v. Samsung is over in 83 sec.

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
December 6, 2012, 9:15 PM ET

Hogan. Photo: Jim Gensheimer for the Mercury News

FORTUNE — To read the commentary in Groklaw, you might have thought that Velvin Hogan‘s role as foreman of the jury that slapped Samsung with $1.05 billion in  damages for infringing Apple’s (AAPL) iPhone patents was the biggest miscarriage of justice since Gore v. Bush.

Not only did the jury Hogan led overstep its bounds and act like “little patent fascists,” in the words of Groklaw’s Pamela Jones, but Hogan failed to mention all manner of pertinent issues in voir dire, from a 20-year-old patent lawsuit that bankrupted him to a house he purchased under mysterious circumstances. “One has to wonder,” Jones concludes in support of Samsung’s motion for a new trial, “if he always tells the truth, the whole truth and nothing but the truth… My bogometer is ringing off the wall.”

If Groklaw’s readers were expecting Samsung’s charge of jury misconduct to be the dramatic highlight of Thursday’s big post-trial hearing, they will be disappointed.

The issue did come up, but it was dispensed with, according to The Verge’s excellent live blog, in 83 seconds.

  • 4:00:55 PM PST Jury foreman Velvin Hogan gets his first mention.
  • 4:01:44 PM PST  Apple informed Samsung when it knew about the Seagate lawsuit he’d been part of, so Samsung’s motion is moot.
  • 4:01:52 PM PST And like that, we’ve moved on from Hogan.
  • 4:02:18 PM PST “I think that topic has been fully briefed,” [Judge Lucy] Koh said.

UPDATE: Spoke too soon. John Quinn, representing Samsung, returned to Hogan for the last 17:42 minutes of the hearing. I’ll leave it to the reader to judge whether he made any progress with Lucy Koh. The Verge’s live blog:

  • 4:45:06 PM PST We haven’t heard from John Quinn. That just changed. He wants to bring up Velvin Hogan even though Koh dismissed the issue earlier.
  • 4:46:04 PM PST Quinn says Hogan was dishonest, and wanted to be on the jury.
  • 4:46:51 PM PST He was inconsistent when explaining why he didn’t reveal the Seagate lawsuit, Quinn says. “He also gave an inconsistent explanation that he hadn’t specifically been asked by Your Honor to explain every case he’d been involved in.”
  • 4:47:02 PM PST “He was deliberately dishonest. We know that.”
  • 4:47:50 PM PST Quinn is going through the history of Samsung’s deal with Seagate. Koh has her head down, reading the brief no doubt… but she hasn’t cut Quinn off yet.
  • 4:48:30 PM PST Judge Koh finally looks up at Quinn, and she’s scowling. She looks back down.
  • 4:48:42 PM PST Quinn: “He told the reporters what he would not tell this court.”
  • 4:49:05 PM PST “I think we have a case here that he should have been excused for cause.”
  • 4:49:21 PM PST “This is a juror that wanted to be on the jury.”
  • 4:50:00 PM PST Quinn quotes precedent that says a juror that isn’t indifferent is a juror “in name only.”
  • 4:51:20 PM PST “We’ve all seen in the press reports how initially the jury was deadlocked, perhaps favoring Samsung, but because he was involved — if he hadn’t been involved, the verdict may have been different.”
  • 4:52:11 PM PST Koh: “Let me ask a question. Mr. Hogan disclosed he worked for Seagate. Why didn’t you ask him a question during voir dire?”
  • 4:52:46 PM PST Quinn says they would have followed up on the lawsuit if they’d known about it.
  • 4:53:27 PM PST (Apple, of course, has already stated in its briefing that Samsung should have asked its questions then, during jury selection, and can’t complain now.)
  • 4:53:50 PM PST “He knew about the relationship between Seagate and Samsung and he didn’t bring it up because he wanted to be on the jury.”
  • 4:54:27 PM PST “This is a man who says he wanted to get on the jury… He has told members of the press that this was the most important moment of his life.”
  • 4:54:33 PM PST “The court needs to hold a hearing here.”
  • 4:54:53 PM PST Quinn is asking for two things: Hogan be brought in for questioning.
  • 4:55:06 PM PST And the other jurors be brought in as well so they can be asked about his influence on them.
  • 4:55:31 PM PST Koh gives a curt thank you. William Lee for Apple comes up, and she warns him: “very briefly.”
  • 4:56:27 PM PST Lee categorically denies that Hogan was dishonest in the way Samsung is arguing. “They have it precisely wrong on all three counts.”
  • 4:57:32 PM PST “They’re claiming that Mr. Hogan lied about an event that occurred 19 years ago… and it was his goal in life to harm” the Seagate and Samsung deal.
  • 4:57:39 PM PST Snickers in the courtroom.
  • 4:58:54 PM PST “I think it’s outrageous that he’s being called a liar.”
  • 5:01:01 PM PST Quinn responds, saying it is irrelevant that Hogan revealed his other lawsuit. “This is a juror that had an agenda and frankly it’s unfortunate that he got on the jury. I take no pleasure, as someone that works with juries, to say he engaged in juror misconduct… and it made a difference.”
  • 5:02:29 PM PST McElhinny: “Mr. Hogan cannot defend himself…. This motion was an unprofessional motion in a case in which no stone is left unturned.”
  • 5:02:48 PM PST Koh thanks everyone. “I will try to get these orders out as soon as I can.”
About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

Xbox CEO Asha Sharma
SuccessCareers
Xbox’s CEO spent her early career taking out trash and selling coupon books—she says the secret to her rise was never obsessing over a dream career
By Preston ForeJune 10, 2026
1 hour ago
Boris Cherny, Head of Claude Code
SuccessHiring
The architect behind Claude Code reveals the three things Anthropic looks for in a good hire—and why people with low ego are a must
By Emma BurleighJune 10, 2026
2 hours ago
Meryl Streep says she was ‘ready to retire’ when the call for ‘Devil Wears Prada 2’ came—so she demanded they double her salary or nothing
SuccessThe Promotion Playbook
Meryl Streep says she was ‘ready to retire’ when the call for ‘Devil Wears Prada 2’ came—so she demanded they double her salary or nothing
By Orianna Rosa RoyleJune 10, 2026
2 hours ago
Trump sits at the Resolute Desk with his hands folded
AIImmigration
OpenAI and Nvidia CEOs didn’t flinch at Trump’s $100,000 H-1B visa fee, and now they’re paying up as their application numbers soar
By Jacqueline MunisJune 10, 2026
2 hours ago
knicks
SuccessNew York
‘Knicks in 6. 2026 NBA Finals’: Why did this New Yorker make a prophecy in his 2020 high school yearbook?
By Philip Marcelo and The Associated PressJune 10, 2026
3 hours ago
platner
PoliticsElections
Graham Platner easily prevails over attempts to derail progressive Senate candidacy in Maine
By Patrick Whittle, Kimberlee Kruesi and The Associated PressJune 10, 2026
3 hours ago

Most Popular

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military
Asia
Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military
By Kate O'Keeffe and BloombergJune 8, 2026
2 days ago
'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032
Economy
'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032
By Nick LichtenbergJune 9, 2026
24 hours ago
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
Success
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
By Preston ForeJune 8, 2026
2 days ago
Current price of oil as of June 9, 2026
Personal Finance
Current price of oil as of June 9, 2026
By Joseph HostetlerJune 9, 2026
1 day ago
Current price of silver as of Tuesday, June 9, 2026
Personal Finance
Current price of silver as of Tuesday, June 9, 2026
By Joseph HostetlerJune 9, 2026
1 day ago
Wall Street dumped nearly $1 trillion in tech stocks by midday—then clawed it back and bought peanut butter and paint
Investing
Wall Street dumped nearly $1 trillion in tech stocks by midday—then clawed it back and bought peanut butter and paint
By Eva RoytburgJune 9, 2026
19 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.