Samsung denied Apple mistrial twice over 'racist remarks'

Samsung has been reportedly denied a mistrial in a patent-related case for the second time, despite its protests over "racist" comments.

Judge Lucy Koh again cautioned Apple's legal team over remarks made while determining the damages that Samsung was liable to pay for infringing its patent last November, during closing arguments in the case.

Samsung's lawyers, requesting a mistrial, said that McElhinny's remarks raised issues about race and outsourcing and could have prejudiced the jury, but Koh denied the request, recalling the jury members less than half an hour after they were dismissed to begin deliberations and instructing them to ignore race, a company's national background, and other issues, Cnet reported.

Calling McElhinny's remarks "troubling", Koh wrote that in light of the high-profile nature of this litigation, the Court expressed its disapproval and disappointment in the comments that led to the instant motion.