Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’

“A U.S. judge said that Samsung Electronic’s Galaxy tablets infringe Apple Inc’s iPad patents, but added that Apple has a problem establishing the validity of its patents in the latest courtroom face-off between the technology giants,” Dan Levine reports for Reuters.

“U.S. District Judge Lucy Koh made the comments in a court hearing on Thursday, but has yet to rule on Apple’s request to bar some Galaxy products from being sold in the United States,” Levine reports. “Earlier on Thursday, an Australian court slapped a temporary ban on the sale of Samsung’s latest computer tablet in that country. Apple sued Samsung in the United States in April, saying the South Korean company’s Galaxy line of mobile phones and tablets ‘slavishly’ copies the iPhone and iPad.”

Levine reports, “Koh frequently remarked on the similarity between each company’s tablets. At one point during the hearing, she held one black glass tablet in each hand above her head, and asked Sullivan if she could identify which company produced which. ‘Not at this distance your honor,’ said Samsung attorney Kathleen Sullivan, who stood at a podium roughly ten feet away.”

Read more in the full article here.

MacDailyNews Take: Smirk.

Boycott Samsung. We no longer buy Samsung-branded products and advise our millions of readers worldwide to also avoid purchasing Samsung-branded products until they cease stealing Apple’s patented IP.

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

[Thanks to MacDailyNews Readers “Sarah,” “Brawndo Drinker,” and “Thomas65807” for the heads up.]

46 Comments

  1. I find it hard to believe that you can’t see the difference from 10 feet away as the form factor is somewhat different, and you should certainly see where the button is located.

    My guess is Samsung is going to fire that lawyer 😉

    1. actually read the article.

      “At one point during the hearing, she held one black glass tablet in each hand above her head, and asked Sullivan if she could identify which company produced which. ‘Not at this distance your honor”

      she held one in each hand…. she could have blocked the button with her fingers, be design or accident.

  2. As I have said before:

    As a designer, if I had presented the Samsung product a week after the Apple product was presented in Design School, I have no doubt I would have failed for copying the earlier design.

    1. I don’t know what that means.
      This is not a school project.

      Even to use a photocopier for a mass targeted consumer product, it would take more than couple of weeks. And so, Samsung Galaxy Tablets came months later.

      I’m not arguing against your intended point (that Samsung is a blatant copycat that has failed to demonstrate any sense of ethics and/or shame), just that your Apple’s to oranges comparison isn’t very clear to me.

      Take for instance, HTC’s Prada designed smartphone came out before iPhone that also sported a keyboard free touchscreen design. I think they shipped the phone right after (like within a few weeks) iPhone’s introduction in January 2007, but before iPhone started shipping in June I think. Does that mean, one copied the other? No. You can just simply copy another product in that short amount of time; judges can ask for the development logs and can see the product development process. That takes time, even if you operate a hidden photocopier in the back room.

      1. HTC Prada looks much more like Handspring Visor (a Palm-OS based personal organiser) than an iPhone. Touchscreen devices have been in existence for at least 15 years before iPhone came along. They did need a stylus, though (although you could use your finger, or a fingernail, to navigate).

      2. Just trying to keep it simple.

        I think the analogy is valid. If the second student had access to the first students design during the development of the project, and came out with a project, packaging, and accessories called the “Galaxy” that so closely resembled the earlier iPad then I it seems clear the second project was mostly copied from the first and would not pass in a school environment. Of course, legal systems and school systems are clearly not the same, but in theory at least, the definition of “COPY” is the same.

        If two tablet computers have designs, packaging, and accessories that are very very similar, to the point of being indistinguishable from 10 feet away, as are the iPad, Galaxy, and much of their packaging and accessories, then the likelyhood of copying is high. If the second product is developed by a company that had a manufacturing and supplier relationship with the first company, and therefor had/has access to pre-release designs, then it becomes hard to argue against copying, IMNSHO!

  3. Why would a patent suit involve dissimulation which is deceiving the consumer as to the look and feel of a product. Wouldn’t that properly fall under copyright infringement. A patent infringement suit would entail the plaintiff show that the defendant had incorporated features invented by the plaintiff going beyond look and feel.

    1. Apple has “Design” patents as well as “Utility” patents. The design patents cover look and feel, and are key to the Apple complaint of “Slavish Copying”. Apple uses Utility Patents, Design Patents, Trademarks, Copyrights, Trade Secrets, Non-Disclosure agreements, secrecy, and every other tool at their disposal to protect their IP. Samsung would have never become a Supplier/Manufacturer for Apple without agreeing to keep their secrets, and not to use Apple IP in non-Apple products.

      It seems to me that Samsung thought they were such a key Apple manufacturer/supplier that Apple would not react to their copying of Apple designs. Wrong!!!!!

  4. I think I am going to make some Detroit Tiggers shirts (not tigers as that is a name) and sell them. Instead of a white D on the shirt, I will put it in mother of pearl or egg shell. That way it is different than Detroit’s and they can’t say I was copying them.

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