Samsung denied mistrial on racial bias claim in Apple case
Lawyer comments on Asian TV makers in closing arguments
IDG News Service - Samsung requested a mistrial be declared in its trial with Apple due to remarks made by an attorney working for Apple in the final moments of closing arguments in the case on Tuesday.
As he was wrapping up his closing arguments, Harold McElhinny told the jury that, "when I was young, I used to watch television on televisions that were made in the United States."
He then named several brands, such as Magnavox, that manufactured their TV sets in the U.S. and had enjoyed a large share of the U.S. TV market.
"But they didn't protect their intellectual property," he said. "There are no American TV manufacturers today."
Several minutes later, after the jury left the courtroom to begin deliberations, Bill Price, an attorney working for Samsung, requested a mistrial be declared over the remarks.
"It was a direct appeal to racial bias," he told presiding Judge Lucy Koh.
Price said the intention of the remarks was clear -- that Apple stood to lose out to Asian competitors if the jury didn't find in Apple's favor -- that there was "absolutely no evidence" to support McElhinny's assertions.
Koh, apparently keen to avoid a re-do of the trial, denied the request for a retrial.
Instead, she called the jury back into the courtroom and re-read them part of her jury instructions that reminded them they "must not be influenced by any personal likes or dislikes, opinions, prejudices or sympathy."
The argument between the two lawyers was the testiest yet in the jury trial, which has lasted four days.
The case is 11-01846, Apple vs Samsung, in the U.S. District Court for the Northern District of California.
Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn's e-mail address is email@example.com
- 15 Non-Certified IT Skills Growing in Demand
- How 19 Tech Titans Target Healthcare
- Twitter Suffering From Growing Pains (and Facebook Comparisons)
- Agile Comes to Data Integration
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- The Critical Role of Support in Your Enterprise Mobility Management Strategy Most business leaders underestimate the importance of tech support when they choose an EMM solution. Here's what to put on your checklist.
- Separating Work and Personal at the Platform Level: How BlackBerry Balance Works BlackBerry® Balance™ separates work from personal on the same mobile device, right at a platform level. Find out how it can work for...
- Protection for Every Enterprise: How BlackBerry Security Works Get an IT-level review of BlackBerry® Security, addressing data leakage protection, certified encryption, containerization and much more.
- Future Focus: What's Coming in Enterprise Mobility Management (EMM) Find out why Enterprise Mobility Management (EMM) solutions that are truly future-ready must be designed to enable Machine-to-Machine (M2M) capabilities and much more.
- The New Way to Work Knowledge Vault This Knowledge Vault focuses on how, in today's increasingly virtual world, it's more important than ever to engage deeply with employees, suppliers, partners,...
- Getting Ready for BlackBerry Enterprise Service 10.2 Find out how BlackBerry® Enterprise Service 10 helps organizations address the full spectrum of EMM challenges, while balancing the needs of both the... All Legal White Papers | Webcasts