Tomorrow our favorite courtroom characters return to the big stage for a holiday extravaganza, as Samsung and Apple are set to perform in front of Judge Koh once again. This time both companies are scrambling to get as many gifts as possible from their first courtroom battle, the one that ended this summer with Samsung owing Apple $1 billion.

Samsung is asking for a jury misconduct ruling, while Apple is wishing for a whole list of devices to be banned, and Judge Koh is going to unwrap the secret deal Cupertino made with HTC last month. Are we finally going to find out who's been naughty and nice?

Apple vs. Samsung

When the verdict came down this summer that Samsung infringed on Apple patents and owed over $1 billion in damages, we all knew one thing: before anyone writes a check, this would be back in court. Tomorrow, Apple and Samsung are set to battle the details of that ruling in front of Judge Koh, and the courtroom drama is already flowing.

Samsung, of course, would like the entire verdict dismissed, and is hanging their hopes on a tenuous claim of jury misconduct. The Korean smartphone manufacturer is enraged because the jury foreman, Velvin Hogan, was involved in litigation 20 years ago with Seagate, a Samsung partner. Apparently, in that case over two decades ago, Mr. Hogan lost and was forced to declare bankruptcy.

When Mr. Hogan was originally selected as a jury member, he was asked if he was ever involved in litigation; he stated that he was, but he was not asked and therefore did not disclose the details. Samsung is contending that Mr. Hogan purposefully hid these details, and even worse, that Apple was possibly aware of them.

Apple responded that they knew nothing about Mr. Hogan's 20 year old case, and dismissed Samsung's claims as ridiculous:

"Apple does not accuse juror Velvin Hogan of misconduct -- because there was none -- so what Apple knew and when regarding Mr. Hogan's lawsuit with Seagate nearly two decades ago is irrelevant to any issue raised by Samsung's post-trial motions."

Hey! Santa's watching!

Once the issue of Mr. Hogan's personal life from 20 years ago is settled, and assuming Judge Koh doesn't buy into Samsung's tinfoil-hat conspiracy theory, the court will also consider Apple's request to ban additional Samsung devices. Apple originally requested an injunction against eight Samsung devices, and is now asking the court to ban some of the newer 4G phones from Samsung’s  Galaxy line and the Verizon Droid Charge.

Possibly the issue with the biggest impact from this trial, however, is Judge Koh's decision to unseal the license agreement Apple reached with HTC last month.  While pricing and royalty terms of the settlement will remain sealed, the patents included in the agreement will be revealed, and this may impact Apple's ability to win any injunctions. Once those patents are revealed, it may be difficult for Apple to leverage those patents for significant damages from other companies. Which could lead to fewer lawsuits and more licensing agreements.

Perhaps with a little holiday magic, this case will move quickly and cleanly, and may even pave the way for future HTC-like settlements between Apple and their patent war adversaries.

Follow the writer, Adrian Hoppel, on Facebook.

(Photo courtesy of Alto Nivel)