U.S. ITC judge hints at Apple strength in patent infringement case against Samsung

“The ITC judge overseeing Apple’s ongoing patent infringement case against Samsung’s Galaxy Tab and smartphone lines referred to a famous comedy routine by the comic duo Cheech and Chong as a test for infringement, a possible hint that the judge is favoring Apple’s claims,” Electronista reports. “The test refers to a straightforward way to identify a copy: ‘Does it look like it, feel like it, smell like it?’ Apple has asserted that Samsung ‘slavishly copied’ the look and feel of various Apple products.”

“Samsung’s attorney argued in court yesterday that the company ‘is also known for its [own] designs,’ some of which have been ‘compared favorably’ to Apple designs. Apple told the court that Samsung was ‘not content to copy the overall design and interface… [and] has copied the smallest details of the iPhone,’ said attorney Harold McElhinny,” Electronista reports. “Judge Thomas Pender’s reference to the Cheech and Chong routine was meant to lay out the criteria he will use to determine infringement. If serious, it would likely foreshadow a Samsung loss, as the company has already been found guilty of infringement on the designs in Australia and Germany. In Apple’s first attempt at getting the Galaxy Tab banned in the US, the judge memorably held up the two tablets (the iPad and the Galaxy Tab) and challenged the Samsung attorneys to pick which was which. They were forced to admit they could not easily do so.”

Read more in the full article here.

MacDailyNews Take: Fingers crossed for some actual justice to finally occur.

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

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

Related articles:
U.S. ITC Judge: Apple-Samsung trade dress infringement case hinges on ‘Cheech and Chong test’ – May 31, 2012
Samsung says lawyers didn’t design new Galaxy S III smartphone – May 22, 2012
Why Samsung must negotiate and why Apple won’t settle – May 21, 2012
Apple CEO Cook, Samsung CEO Choi in US court talks over patent infringement claims – May 21, 2012
Apple’s iPhone gobbles lion’s share of mobile phone profits, slavish copier Samsung a distant second – April 3, 2012
Samsung Mobile chief ‘designer’ denies that Samsung’s instinct is to slavishly copy Apple – March 23, 2012
Slavish copier Samsung shamelessly steals Apple’s iPhone 3G design – again – January 3, 2012
Slavish copier Samsung uses girl actress from iPhone 4S ad for Galaxy Tab 8.9 spot (with video) – January 2, 2012
Now Samsung’s slavishly copying Apple’s iPad television ads (with videos) – December 30, 2011
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011
Why are Apple’s icons on the wall of Samsung’s store? – September 24, 2011
Apple to Samsung: ‘Blatant copying is wrong’ – April 18, 2011

5 Comments

  1. The hardest thing for me to get into my head is that Apple Inc still has dealings with the very company that they are suing. Yes I understand that this Hydra has many heads, but to sue one division and yet still work with them on iPad, iPhone CPU’s, and “possible” “iTV” screens just baffles me. IDK why Mr. Cook just doesn’t take Apple’s business somewhere else. Cut the ties that bind and find another company. There are many to choose from.

  2. Judge Pender said that Samsung products are dog shit.

    ……………………………………………………….
    Excerpts from the article:
    Judge Thomas Pender’s reference to the Cheech and Chong routine was meant to lay out the criteria he will use to determine infringement. The test refers to a straightforward way to identify a copy: “Does it look like it, feel like it, smell like it?”

    The 1970s routine Judge Pender refers to has the comics come across some dog feces and are not sure if that’s really what it is. They decide to pick it up, examine it, smell it, and finally taste it before determining that their initial judgement was correct, and express their happiness that they did not step in it.
    ……………………………………………………….
     
    This time, Samsung stepped in it!

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