Following a recent retrial in the Apple v. Samsung case that saw the jury award the former with a cool $290 million on top of the nearly $600 million in previous damages over copying patented iPhone technology, Samsung of South Korea now wants a retrial of the retrial, citing a very unusual argument. Apple throughout the trial has painted Samsung as a “threat” to the local and national economy.

As a result, lawyers for the Galaxy maker in a new court filing are now accusing Apple of racial prejudice and asking judge Lucy Koh to grant Samsung a retrial of its last retrial. Wait, what? Yup, you read that right. The full explanation is after the break…

Samsung is basically saying that lawyers for Apple played the patriotic card by painting Samsung as a foreign company which threatened the national economy by carpet-bombing the domestic market with countless products.

Apple indeed drew parallels between Samsung and Asian vendors who flooded the market with cheap knock-off products that put domestic TV set makers out of business.

Patent blogger Florian Müeller has this quote by Samsung’s attorneys:

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.

Müeller opines that Samsung is appealing for the appeal’s sake.

However, this is Samsung we’re talking about, a company known for its perseverance and underhanded tactics, meaning “it’s not unimaginable that Samsung might even try to appeal this issue to the Supreme Court,” according to the blogger.

Samsung also alleged that Apple violated the Entire Market Value Rule, which covers damages for unpatented items.

The iPhone maker, argues Samsung, has misled the jury by comparing its damages claim to Samsung’s $3.5 billion in total revenues generated with the accused products in the U.S. – plus the total number of accused devices sold (10.8 million units) – even though not all of those products infringe design patents.

Müeller added:

I guess what Apple did in the Samsung retrial was not tantamount to using an inadequate theory (given that the numbers presented by its experts were based on court-approved theories), but this kind of argument yet makes more sense than the racial bias story.

I think Samsung is treading the fine line between hope and despair and likely shooting itself in the foot by attempting to play the dangerous racial prejudice card. I doubt Samsung’s race-baiting complaint will sit well with the U.S. court.


  • Raashid

    When will they learn that you can’t can win a case against an American company in its own backyard…it’s a pipe dream on capitalist soil.

    • Hmmm

      So what you’re saying is that the USA has a corrupt justice system that shows bias based on nationality status?

      • Kurt

        No one can think they are going to win against Apple when the court room is a 15min drive from Apple headquarters. Samsung has some stupid lawyers for not having the trial moved to anywhere else in the states.

      • RarestName

        They’re quite smart actually. By dragging on this stupid case, they’re earning more money for each trial.

  • Ara Rezaee

    Oh go to hell Samsung

  • Lordrootman

    Samsung Lawyers are doing this to make more money smart move

  • Winterz

    You lost you lost again. What part of that don’t you understand.!

  • Ted Forbes

    Say WHAT????????

  • Yujin

    Hey when they stop stealing from us, then we will give them “justice” and take away our troops and let them fight for themselves lol. Got balls?

  • Carlos Gomes

    So.. now a foreign belongs to a different race?

  • bobism


  • bobism

    samsung still sucks

    • NSA


  • planetcoalition

    Just give up already…


    I mentioned previously and a i mention again samsung are going the long way about it get a different judge i find Mrs Lucy Koh the problem what makes me laugh is why is it she is always judging the Apple cases and give them the upper hand? Doesnt make sense. Dont get me wrong but stop being biased and think im not a fanboy of samsung or apple i prefer the iphone over android but i would say apple are playing a game which might come back and bite them up the rimmer.