The South Korean firm's legal representatives called for a mistrial when McElhinny appeared to suggest that foreign companies who infringe on US patents should be punished.
© Getty Images / Sean Gallup
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The Apple lawyer argued that it would send out the wrong message to other countries if Samsung is not penalised for violating the iPhone maker's trademarks, drawing comparisons to the decline of US television manufacturing.
"Our economy will disappear," CNET quotes McElhinny as saying. "If the cost of breaking the law is a small fine... Samsung's copying will have proven successful."
Samsung's attorneys claimed that the remarks were an attempt to prejudice the jury's opinion of the South Korean company, but McElhinny has staunchly denied that this is the case.
"I did not say a word about race. I did not say a word," going on to defend his TV market comparison, arguing that the reasons behind its decline are well documented.
Judge Lucy Koh did not agree that the comments were enough to justify a mistrial, but urged the jury not to show prejudice towards Samsung for being a non-US company.
Apple was awarded $1 billion in damages last year after convincing a jury that Samsung violated several of its patents, including pinch to zoom and product design features.
The retrial is under way to establish how much damages Apple is entitled to following claims of miscalculations during the original hearing.
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> Virgin Media announces iPhone 5S, 5C pricing plans from £33 a month
> Apple's Phil Schiller: 'Samsung copying has undermined us'
via All - Digital Spy - Entertainment and Media News
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