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Apple, Samsung Fight Over Contact With Jury After Verdict

Apple Inc., which is trying to stop Samsung Electronics Co. from claiming that a $1 billion trial verdict was tainted by jury misconduct, asked a judge to deny Samsung’s request that she bar communications with jurors.

Samsung asked U.S. District Judge Lucy Koh in San Jose, California, on Sept. 21 to prohibit the companies from “any further communication with jurors who served during the trial” until its arguments for seeking a new trial are fully resolved.

Apple filed documents supporting its opposition to that request today, after complaining to the judge two days ago that Samsung hasn’t revealed whether it has already contacted jurors.

“Apple has not done so to date, yet Samsung is seeking to preclude Apple from equal access to information,” Apple said in a Sept. 25 filing. “Nevertheless, despite the lack of any merit to Samsung’s request, Apple will not contact any jurors until the court resolves this” dispute.

Samsung filed its claims of juror misconduct under seal, citing concern for the privacy of jurors, according to court filings.

The jury found Aug. 24 that Samsung infringed six of seven Apple patents and awarded Apple $1.05 billion in damages.

Adam Yates, a spokesman for Suwon, South Korea-based Samsung, didn’t immediately respond to an e-mail seeking comment on Apple’s court filing today.

Kristin Huguet, a spokeswoman for Cupertino, California-based Apple, declined to comment.

The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).

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