(credit: Photo illustration by Aurich Lawson)
The Samsung v. Apple saga is headed toward a fourth jury trial that's slated to begin in San Jose federal court at the end of this month. Lawyers for both companies have been filing a rapid succession of briefs, seeking to hammer out the final details of a trial that will recalculate damages for some Samsung phones found to infringe Apple patents.
US District Judge Lucy Koh has now weighed in on the parties' requests, publishing an order (PDF) on Wednesday barring Samsung's most surprising request. The company had asked (PDF) for Apple to be barred from mentioning that Samsung is a Korean corporation.
"Throughout both of the prior trials in this case, Apple has taken every opportunity to remind the jury of Samsung’s 'foreignness' by consistently referring to SEC as 'Samsung Korea,' 'Korean Samsung,' the 'Korean parent,' 'the Korean company,' and the 'Korean bosses' of 'Samsung America,'" Samsung lawyers wrote. "In fact, Apple’s counsel has rarely referred to SEC without mentioning Korea." They pointed out Koh herself had cited research about jury bias against foreign patent litigants. "Apple has no legitimate basis to offer any evidence or argument that evokes racial or national origin prejudice." Samsung lawyers also asked for Apple to be barred from referencing "the nationality or country of employment of Samsung witnesses."
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