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Judge rebukes Apple for invoking nationalist bias but denies Samsung a retrial

A U.S. judge has denied Samsung's request for a retrial in a patent dispute with Apple, but she also chastised Apple's lawyers for making the Korean firm's “foreignness” an issue in closing remarks to the jury.

Computerworld James Niccolai

Context & Ripple Effects

This ruling closes out a procedural fight that began in November 2013, when Samsung urged a mistrial over what it called racist remarks by an Apple lawyer during the first trial, and escalated in December when it formally demanded a retrial of the November verdict. Judge Lucy Koh has now rejected that demand while simultaneously putting Apple's counsel on notice for making Samsung's 'foreignness' an issue in closing arguments.

The dual outcome lands awkwardly for both sides: Samsung keeps pursuing a case where the jury has already ruled against it twice on retrial bids, and Apple secures the verdict it wanted only under a judicial rebuke that will follow its litigation team into future rounds. The dispute dates back to the original 2012 verdict, which at one point faced potential trimming from its initial billion-dollar size.

First-order effects

  • Samsung loses its second bite at overturning the jury verdict and must carry the damages forward into any appeal, with no new trial to reset the record.
  • Apple prevails on the merits but has the judge's criticism of its nationality-based closing argument entered on the record, a reputational and procedural cost attached to the win.

Second-order effects

  • Both legal teams now face heightened court scrutiny of trial rhetoric, raising the bar for how closing arguments can frame national origin in cross-border patent disputes.
  • Samsung's path shifts from retrying jury outcomes to appellate channels, prolonging a multi-year legal standoff whose costs compound on both sides even as neither gains new evidence.

Third-order effects

  • If judges increasingly sanction appeals to juror nationalism, litigation strategy in international smartphone patent fights moves toward purely technical claim construction, away from brand-and-origin storytelling.
  • The pattern points toward these device wars being decided less in front of California juries and more by appellate courts and settlement pressure as repeated trials fail to change outcomes.

The trend: Smartphone patent litigation is migrating from jury-trial theater toward appellate review, with judges increasingly policing the conduct of the lawyers themselves.