Samsung is requesting a retrial of its last retrial, claiming Apple blinded the jury with “racial, ethnic and national prejudice.”
The Korean tech giant’s lawyers wrote, “Samsung respectfully requests a new trial based on Apple’s repeated references to Samsung’s revenues from all infringing products, as opposed to those found to infringe upon Apple’s design patents, and blatant appeals to racial, ethnic and national prejudice. Throughout the trial, Apple portrayed Samsung as a foreign threat to the local and national economy… Apple’s cynical appeal to racial, ethnic and national sentiment has no place in our system of justice and warrants a new trial.”
Will Judge Lucy Koh grant Samsung’s request? FOSS Patents doesn’t think so. The site said, “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. Judge Koh really wants to reach the point of a final judgment so as to enable the parties to appeal the unfavorable parts (obviously, Samsung has more of a need to appeal than Apple, but Apple also can seek some improvements) to the Federal Circuit. If the Federal Circuit finds any jury instruction prejudicial or reverses any underlying liability finding, or disagrees with other relevant parts of the district court judgment, then there will be a third trial in this case (absent a settlement). Given that there are so many legal questions in this case and a multiplicity of issues either party can raise on appeal, a third trial is not entirely unrealistic. But for practical reasons it doesn't make sense to delay the inevitable cross-appeal, given that even a retrial at this stage would still involve the risk of a need for a retrial on remand.”
Do you think there will be a third retrial between Samsung and Apple? Let us know what you think through a comment below.