Lawyers for Samsung have accused counsel for Apple(s aapl) of making subtle race-based arguments in a trial over smartphone patents, and are calling for the judge to declare a mistrial on the grounds that the jury has been tainted by the remarks.
As Bloomberg reports, Samsung has taken issue with a remark by Apple lawyer about the decline of American TV manufacturing:
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.
McElihinny countered the mistrial demand by telling US District Judge Lucy Koh, “I did not say a word about race, and I did not say Asian.”
His co-counsel, Bill Lee, added that “Actually, I’m Asian and I didn’t think the same thing,” and argued that McElhinny’s remarks were…
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