Samsung is trying to weasel out of paying up to Apple, asking Judge Lucy Koh for a mistrial based upon the supposedly “racist” remarks of Cupertino’s attorneys. But Judge Lucy Koh was having none of it.
Here’s the deal. Last November, during their closing remarks in the Apple vs. Samsung IP infringement case, Apple’s lawyers said that U.S. television manufacturing died out because businesses didn’t adequately protect their intellectual property from foreign companies. Since Samsung is a Korean company, and also the world’s largest television maker, they took offense, claiming that the remarks raised issues of race that could have prejudiced the jury.
At the time of Apple’s statements, Samsung’s attorneys immediately filed for a mistrial, only for Judge Lucy Koh to tell the jury to disregard the remarks instead. But while Judge Koh admonished, she has found for Apple for the second time, saying that the comments did not influence the jury.
“Particularly in light of…the high-profile nature of this litigation, the Court expresses its disapproval and disappointment in the comments that led to the instant motion,” Koh wrote. “Counsel in this case have been exceptionally well prepared, and the Court has no doubt that counsel carefully chose each theme before presenting it to the jury in closing arguments.”
This is the second time Samsung has tried to use this incident to get the verdict thrown out of court. Could we see a hat trick?