This is the second time the judge handling the penalty phase of Apple computers lawsuit against Samsung. At issue here is whether the judge should declare a mistrial in the case because a statement made by Apple could have been construed as racist. Apparently, the remarks centered on foreign manufacturers and how local US manufacturers and industries could die because of foreign competition. There are many ways to interpret such remarks and, of course, it should not be surprising that Samsung’s legal team would interpret it in such a way that would give them a means of fighting the patent ruling against them thrown out and a mistrial declared. However, judge Lucy Koh is having none of this and has rejected the motion. It will be very interesting too see how much Apple is ordered to pay Samsung for its a patent infringement.