Citing ‘racial prejudice,’ Samsung wants a retrial of its recent retrial against Apple

“At a certain point, the truth becomes so much stranger than fiction that it’s hard to differentiate a real headline from one crafted by the talented folks over at The Onion,” Yoni Heisler reports for TUAW. “It appears that we’ve now reached that point in Apple’s ongoing patent dispute against Samsung.”

“A few weeks ago, Judge Lucy Koh oversaw an Apple/Samsung retrial that focused solely on calculating how much Samsung owes to Apple for being found guilty of patent infringement. After a brief trial, a jury determined that Samsung should pay Apple a grand sum of $930 million,” Heisler reports. “Now, believe it or not, Samsung wants a retrial of the retrial. Why? Because they allege, amongst other things, that Apple’s attorneys relied on “racial prejudice” in arguing their case.”

Read more in the full article here.

“Samsung is extremely unlikely to persuade Judge Koh to order a retrial of the retrial and presumably brought this motion only to preserve its record for the appeal,” Florian Müller writes for FOSS Patents. “Samsung’s arguments for a retrial of the retrial have two truly interesting aspects and one that is idiotic. The stupid point Samsung makes can be addressed quickly. It claims, as it did at trial, that Apple’s lead counsel, Morrison & Foerster’s Harold McElhinny, appealed to “racial bias” against Asians. But he didn’t use any pejorative terms of the kind you can hear at the beginning of Full Metal Jacket or say anything other that really has to do with race. At most one can say that he appealed to patriotism, but even that would be at least an exaggeration given that he just explained how domestic companies go out of business if they can’t defend their intellectual property against foreign copyists.”

Müller writes, “I just don’t understand why Samsung made the decision to press this non-point instead of focusing on its more reasonable arguments.”

Read more in the full article here.

MacDailyNews Take: Perhaps Samsung knows they’re guilty and are therefore desperately grasping at straws.

Related articles:
Judge Lucy Koh denies Samsung motion to stay Apple patent damages trial – November 26, 2013
Apple says Samsung’s stalling strategy ‘has crossed the bounds of reason’, reexamination isn’t over – November 21, 2013
Desperate Samsung urges mistrial citing racism in Apple lawyer’s remark – November 19, 2013

33 Comments

        1. You are a commie!

          So by your logic, if there was zero voter fraud and Maobama and comrade were actually democratically elected, you would think it was great that the brain dead, clueless, indoctrinated-brain-washed voters, were tricked into voting for their demise through communism.

          You miss the point that the fools that get bussed to the voting booths with absolutely no idea about what time of day it is or what they are doing or think they’re saving the world from phony global-warming-climate-change, while being fired up to think we should all hate each other because of skin color or someone who is more successful than they are so the successful person should be punished and hated. All of this is being pushed heavily by the democrats to trick these poor fools into voting for them. Democrats (commies) always have to lie about what they are really up to or no one would want them in their lives at all.

          What needs to happen is the clueless need to be clued in on what is really being done to them by Democrat – LibTARDS.

          You are a flaming moron John Smith.

  1. Racial prejudice no. But disgust for lying, scumbags with zero morals who would sell their soul or their mother for a buck.
    The world is watching you show your true colors on the world stage and it is coming back to bite you asshats!
    Samsung is going to reap what they sow.

  2. Sorry, but I can’t help myself ….

    Take these Fuckers Down Apple, take them down hard and feed them to the DOGS!!!

    Oh and “Condiments of the Seasonings” to every one – except samscum.

    1. Having a Korean judge in fact tends to debunk any claims of racial bias. Samsung is being disingenuous having had their hands caught in Apple’s cookie jar. I am sick of the race card being pulled time and again just to get people afraid of looking racist, when they aren’t.

  3. Best lead of the year!
    ““At a certain point, the truth becomes so much stranger than fiction that it’s hard to differentiate a real headline from one crafted by the talented folks over at The Onion,”

    1. Wrong. Most people will never hear of this case, nor will they care about the outcome. Samsung wants to try to get yet another retrial, or try to set up some crazy argument that will either cause another retrial or reduced damages upon appeal.

  4. Dear Samsung:

    There are 4 major racial groupings in the world: caucasian, negroid, mongoloid, and australoid.

    “Jerk” is not a racial grouping, and is ineligible for a discrimination claim.

    Love — actually, not really –,
    Everybody

  5. I thought Samdung already made this point earlier and the judge already shot that down instantly. If they are trying to ask for it again I doubt there will be any different answer since that prejudice line is a bunch of crap to begin with. There is nothing in any of Apple’s lawsuits that go anywhere near anything about any kind of race card whatsoever.

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