As the retrial to settle the damages in the Apple vs Samsung patents case reaches its closing arguments, Samsung’s lawyer Bill Price accused Apple attorney Harold McElhinny of a racist remark, asking for a mistrial to be declared, reports Bloomberg.

Harold McElhinny, Apple’s attorney, spoke yesterday of his memory as a child of watching television on American-made sets, and how because the manufacturers didn’t protect their intellectual property their products no longer exist. “We all know what happened,” he said at the conclusion of a damages retrial […]

McElhinny was “appealing to race,” Price told the judge. “I thought we were past that.” … 

McElhinny denied that his statement had been racist.

I did not say a word about race, and I did not say Asian.

U.S. District Judge Lucy Koh rejected Samsung’s motion for a mistrial. Price said he planned to file another motion under a different rule – apparently he doesn’t think he’s winning …

Apple is asking for $380M – a little less than the $410M it was originally awarded – while Samsung argues that it owes just under $53M.  Phil Schiller had earlier put the importance of the iPhone into perspective by stating that Apple “bet the company” on it