FORTUNE -- On Tuesday, Samsung's lawyers interrupted Apple v. Samsung -- the patent retrial of the century -- to demand a mistrial.
Apple's (AAPL) chief counsel had played the race card, they claimed, when he compared what Samsung was doing to Apple in smartphones to what foreign manufacturers (i.e. Asians) had done to American-made televisions.
On Wednesday, as the jury entered its second day of deliberations, Samsung tried again. The U.S. Patent Office had that very day rejected as insufficient Apple's response to its earlier rejection of one of the patents at issue in the case, so Samsung filed an emergency motion asking the judge to stop the trial.
"This [Patent Office] decision," Samsung claimed in a brief, "calls into question the entire jury verdict in this trial."
Samsung's strategy to delay entry of final judgment in this case has crossed the bounds of reason: Samsung seeks to halt the damages retrial in the midst of jury deliberations. Granting Samsung's request would render the Court's and Apple's efforts to prepare for and conduct the damages retrial all for naught and be extraordinarily prejudicial to Apple. And there is nothing even resembling good cause for derailing either the jury's deliberations or post-trial motions.
Judge Lucy Koh rejected the race card motion, and I expect she'll reject this one too.
Meanwhile, the jury is entering its third day of deliberations. So far they have: 1) asked for calculators and 2) complained about the sourdough bread in their court-supplied sandwiches.
LINKS TO MOTIONS (courtesy of FOSS Patents):
Wonder what the trial that starts today is all about? Florian Mueller has the answers.
FORTUNE -- Nobody covers high-tech patent litigation -- especially lawsuits involving Apple's (AAPL) patents -- more closely than FOSS Patents' Florian Mueller.
So it's probably appropriate that Mueller provide the definitive Q&A for the damages retrial that starts Tuesday in San Jose.
Click the links below for his full answers:
Q: Is this a patent trial?
A: Sort of. MORE
An Apple victory could result in the second largest patent infringement award in history.
FORTUNE -- If you thought that the one billion dollars a jury awarded Apple (AAPL) last year had been cut nearly in half, you may be forgiven. That's how most of the business press reported it.
What actually happened is that Judge Lucy Koh, who presided over the big Apple v. Samsung patent infringement trial last August, "vacated" $400 million MOREPhilip Elmer-DeWitt - Nov 8, 2013 8:34 AM ET
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