Judge Lucy Koh last week denied Samsung's motion for retrial in its patent dispute with Apple (to read earlier posts about this trial go here and here). However, in making her ruling, she did rebuke the attorneys for Apple for harping on the fact that Samsung is a Korean corporation. Apparently, foreign corporations accused of infringing on a patent fair far worse when going before a jury as opposed to a judge.
Judge Koh highlighted this fact in her ruling when she cited a previous study that
found that “foreign patent holder win rates in jury trials against domestic infringers (38%) are significantly lower than domestic patent holder win rates against foreign infringers (82%). In contrast, in cases decided by judges, the patentee win rate is almost identical, with domestic patentees winning 35% of the time against foreign infringers, and foreign patentees winning 31% of the time against domestic infringers.”
To read more about this phenomenon read Kimberly A. Moore's, Xenophobia in American Courts, 97 Nw. L. Rev. 1497 (2003)