Samsung accuses Apple’s attorney of racist remark during closing arguments in damages case


As the retrial to settle the damages in the Apple vs Samsung patents case reaches its closing arguments, Samsung’s lawyer Bill Price accused Apple attorney Harold McElhinny of a racist remark, asking for a mistrial to be declared, reports Bloomberg.

Harold McElhinny, Apple’s attorney, spoke yesterday of his memory as a child of watching television on American-made sets, and how because the manufacturers didn’t protect their intellectual property their products no longer exist. “We all know what happened,” he said at the conclusion of a damages retrial […]

McElhinny was “appealing to race,” Price told the judge. “I thought we were past that.” … 

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McElhinny denied that his statement had been racist.

I did not say a word about race, and I did not say Asian.

U.S. District Judge Lucy Koh rejected Samsung’s motion for a mistrial. Price said he planned to file another motion under a different rule – apparently he doesn’t think he’s winning …

Apple is asking for $380M – a little less than the $410M it was originally awarded – while Samsung argues that it owes just under $53M.  Phil Schiller had earlier put the importance of the iPhone into perspective by stating that Apple “bet the company” on it

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  1. mockery17 - 9 years ago

    At this point they just ran out of arguments so they went ahead and use whatever they could as the argument.

    • liquidwolverine1 - 9 years ago

      It’s true, same could be said about the automobile. Samsung is pretty shady, do you realize they are also being sued by Dyson because they stole some of their patents for their vacuums. I didn’t even know Samsung was in the vacuum business. Why do they need their hand in everything?

  2. NQZ (@surgesoda) - 9 years ago

    Still, that comment was a bit off color…but I guess that’s what a lawyer’s job is, to rile up judges :)

  3. Miguel Villavicencio - 9 years ago

    What’s racist about it? As far as I’m concerned American is a nationality, not a race.

  4. Felonius NoSpamius - 9 years ago

    I guess truth does hurt. It’s true, the country sold out to everyone except those who matter.

  5. crateish (@crateish) - 9 years ago

    Where are 99% of hacked apps sold from?

    Answer: China and Korea

    It’s a fact, not racism.

    • aeronmichaelangelo - 9 years ago

      What did Cumberbatch say in Sherlock? “I’m not insulting you, I’m describing you.”

      If people are hurt by the truth, they should seek to change what is true.

  6. aeronmichaelangelo - 9 years ago

    This is why they can’t have nice things.


Avatar for Ben Lovejoy Ben Lovejoy

Ben Lovejoy is a British technology writer and EU Editor for 9to5Mac. He’s known for his op-eds and diary pieces, exploring his experience of Apple products over time, for a more rounded review. He also writes fiction, with two technothriller novels, a couple of SF shorts and a rom-com!

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