The jury will resume deliberations, Wednesday, in the Apple vs. Samsung patent infringement retrial.
On Tuesday, November 19, attorneys for both the companies submitted their closing arguments to the eight-member jury. One of the arguments even prompted Samsung to ask for a mistrial as a verdict is near at hand.
Apple's attorney Harold McElhinny's remarked that American companies were squeezed out of the TV manufacturing market as they were unable to protect their patent rights. Samsung took this comment to the jury as playing a nationalistic card by Apple, which should have no place in the hearing.
U.S. District Court Judge Lucy Koh denied the motion, but told jurors to disregard the statement made by Apple's attorney and not take into consideration the locations of Apple and Samsung.
"I don't think what occurred rises to the level of a mistrial, but some remedy might be appropriate to avoid further issues later on," Koh said.
McElhinny also told the jurors that their decision will be important in protecting American companies and upholding Silicon Valley's economy.
"This is an important case," said McElhinny told the jury in his closing argument. "This is not about punishment. This is not about pitchforks. This is not about getting even. If juries take the profit out of patent infringement, then patent infringement will stop."
During the proceedings, McElhinny reaffirmed the evidence that was presented during the course of the week-long retrial. Apple said this is an opportunity for it to be "made whole" and asked for $380 million in damages.
Samsung's attorney Bill Price opposed the same and said that Apple had overstated the significance of the five patents that are disputed.
"Apple has tried to mischaracterize these patents so they are the iPhone," Price told the jury. "These patents are very narrow."
Price also urged the jury to apply their "collective judgment" and "focus on what they [companies] did in the real world" as opposed to "what they could've done."
Apple is claiming $380 million in damages, whereas Samsung disputes the same and says it should be $52 million.
The jury will determine how much Samsung owes Apple for violating five patents in 13 Samsung products.
