Judge Lucy Koh who has been overseeing the Apple vs. Samsung patent case denied the Korean company a retrial but criticized Apple’s lawyers for making a statement about national pride in its closing remarks to the jury.
In the closing statement Apple’s lawyers noted that several domestic brands once made televisions, but because they failed to protect their intellectual property televisions are no longer made in the U.S. Here is the statement that the Apple attorney made:
“When I was young, I used to watch television on televisions that were manufactured in the United States. Magnavox, Motorola, RCA. … They were inventors. They were like the Apple and Google today.
But they didnt protect their intellectual property. They couldnt protect their ideas. And you all know the result. There are no American television manufacturers today.”
After the case ended on Friday, Judge Koh called Apple’s closing remarks “troubling.” She wrote:
“Counsels argument clearly suggested an us-versus-them, American-versus-non-American theme to the jury, which could have evoked national origin prejudice.”
Despite the remarks from Apple’s attorney, Koh did not warrant another trial. Judge Koh did not find any evidence that the jury has been influenced by the comments made by the attorney, who was representing Apple.
The order from Judge Koh means Samsung must still pay $290 million in damages, in addition to approximately $600 million from the first trial. The two companies are due back in court in March for a trial in a second patent case. The next trial will deal with some of the newer phones on the market.