As you may or may not be aware, Apple is in the process of suing Samsung for imitating the iPhone and the iPad. While the devices are fairly similar, you really have to ask if that’s a matter of imitation or, in the case of the iPad vs the Galaxy Tab, the fact that tablets in general pretty similar; they’re like 95% screen. I guess that’s what court is for. In any event, the Samsung lawyers have been arguing that any normal person would be able to tell the difference between the two devices, largely because of the fact that Samsung is printed clearly on the Samsung one. Go figure.
Well, Judge Lucy Koh decided to test this hypothesis with a fairly simple experiment. She held both of the tablets above her head, and had the lawyers identify the one they were defending from 10 feet away. Neither one of Samsung’s two lawyers was able to accomplish the task at a glance. Now, whether that illustrates the similarity of the tablets, or the incompetence of Samsung’s legal team, they clearly didn’t deserve to win that case either way. Needless to say, Judge Koh decided against Samsung.
Fortunately for Samsung, while Judge Koh did decide against them, she did not allow an injunction on sales because there is some question as to whether or not Apple’s patents are actually valid. Still, it looks like Samsung might want to try and find some different representation between now and then, and maybe pick up a different approach. Granted, maybe it is hard to tell them apart from that distance, but considering how little of any given tablet is its frame, maybe that isn’t the best argument.
(via Geek.com)
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