“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
