Samsung Claims Apple Lawyer Made Racist Remark, Requests Mistrial

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Posted November 20, 2013 at 5:32pm by iClarified

Attorneys for both Samsung and Apple made their closing arguments yesterday in a retrial to determine damages that Samsung owes Apple for infringing on its patents. Following the closing arguments, Samsung urged for a mistrial on the grounds that Apple's lawyer, Harold McElhinny, made a prejudiced remark in his statement to the jury.

McElhinny recalled watching TV on American made televisions, and because manufacturers didn't protect their property rights, those products no longer exist. “We all know what happened,” he said. “We all thought the same thing.”

Samsung's lawyer then asked US District Judge Lucy Koh to invalidate the trial since McElhinny failed to provide evidence that American manufacturers were forced out of business. Samsung's lawyer claimed McElhinny was “appealing to race, and that he thought "we [society] were past that.”

“I did not say a word about race, and I did not say Asian,” Apple's McElhinny reiterated to Judge Koh.

Bill Lee, another lawyer for Apple, defended McElhinny, “Actually, I’m Asian and I didn’t think the same thing,” Lee told Koh. He also noted that he understood McElhinny to be speaking about the importance of protecting intellectual property.

Koh denied the request for mistrial but brought back the jury to re-read an instruction advising that the panel “must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy.”

The jurors are currently in the middle of deliberations -- deciding what the ultimate value of damages in the case will be.

Samsung Claims Apple Lawyer Made Racist Remark, Requests Mistrial

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Evas10n - November 22, 2013 at 1:30am

To the person suggesting Apple think they invented everything like Television, indeed they did not but neither did Samsung or any other big Multi Conglomerate. It was a fellow Scotsman by the name of John Logie Baird who did this many moons ago. I have not and doubt I ever will see any of these suggested claims by Apple. All I ever have seen by Apple has been Electronics at top dollar, but they are top dollar for a reason. In my humble solitary opinion Apple have been at the forefront of the Smartphone industry for a while now and if the latest 5S is anything to go by , they will be for the foreseeable future. The S4 is a toy compared to it and is behind Sony and HTC in my view.

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gamerscul9870 - November 22, 2013 at 2:41am

Well said! What other computer is wireless and has every component built right into the monitor other than a mac? After seeing the beefed up mac pro it is unlike anything before taking superior to a whole new level!

gamerscul9870 - November 22, 2013 at 2:42am

I meant wireless such as keyboard, magic mouse(, &and trackpad for the desktop).

SED - November 21, 2013 at 6:59pm

LAUGHABLE

blah - November 21, 2013 at 12:39am

another samsh!t "innovation"

saosao - November 20, 2013 at 8:16pm

so the moral of this story is.....developers better patent your stuff before apple or samsung steals it lol

gamerscul9870 - November 21, 2013 at 3:00am

just samsuck, period!

THui - November 20, 2013 at 7:13pm

Everybody steal features from others. It is just that the things that Apple copies aren't patented while some of the features that Samsung copied are patented by Apple. I don't think there is racism here.

gamerscul9870 - November 21, 2013 at 11:55am

I don't make the rules and neither do you, enough of "now apple has something to copy" crap then you won't be that desperate everytime then I will stop using your name!