Apple Nab Samsung In US As Lawyer Fails To ‘Spot The Difference’

X

Able to tell the difference between an iPad and Samsung Galaxy Tab? Samsung lawyers couldn’t. A US Judge has ruled Samsung Tabs 10.1 have infringed on Apple owned patents, although warned Apple still need to prove their case.
This latest blow for Samsung Galaxy Tab maker comes as an Australian court upheld an interim ban on its Tab 10.1, meaning the android Honeycomb tab is highly unlikely to be sold this side of Christmas.

Apple are looking to ban not only the Tab 10.1 in the US but also its Galaxy S II smartphone which is pending release there.

One of the critical deciders which appeared to favour Apple was when U.S. District Judge Lucy Koh held up both Apple’s iPad and Samsung Galaxy Tab, and asked Samsung legal counsel Kathleen Sullivan, a lawyer representing Samsung, to spot the difference and identify the iPad from the Galaxy at San Jose, California federal court, Thursday.

20111017095748267a7 600x300 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
Click to enlarge

According to Reuters, she could not do it from a distance of about 10 feet away. “Not at this distance, your honor,” Sullivan replied.

“Can any of Samsung’s lawyers tell me which one is Samsung and which one is Apple?” Judge Koh asked.

A Samsung lawyer then did identify which was an iPad and a Galaxy, moments later.

“It took a long time to make that distinction,” Judge Koh noted.

Apple are claiming Samsung infringe at least three design patents, similar to the case made before an Australian court last week.

However, its not looking good for Samsung –  the Judge ‘frequently’ remarked on the similarity between the rival tabs.

And she did agree Samsung has infringed design patents, although appear to reject Apple claim on one of its other ‘ulility’ patents.

 

However, the onus now is on Apple to prove the patents are valid under law.

Samsung counsel are arguing it has raised enough “substantial questions” about the validity of patents in question to prove Apple has no case.

However, a final decision on three other Apple design patents will be arrived at “fairly promptly” as US carriers including T Mobile and Verizon are siding with Samsung, arguing a ban on Galaxy S II will hit Christmas sales hard.

After the hearing, Samsung spokesman Kim Titus rejected Apple’s case for a ban as “groundless.”

However, Apple spokeswoman, Kristen Huguet, maintains Samsung are copy cats: “It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad … This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.”

And it looks like other Android devices in Australia could also be in danger of being banned, following last weeks ruling by Judge Bennett,  where the ban on Galaxy Tab 10.1 was upheld until a full hearing on November 1.

According to Foss Patents expert, Florian Mueller, after Justice Bennett’s decision it is possible “no company in the industry be able to launch any new Android-based touchscreen product in Australia anytime soon without incurring a high risk of another interim injunction

Read Analyst Predicts Android Doom & Gloom After Apple Samsung Case

But it wasn’t all bad news for Samsung, in Australia at least.

 

Justice Amanda Bennett rejected Apple’s bid to vet any new Samsung tablets before they go on sale here on Friday last, meaning that although the Galaxy Tab 10.1 is banned for the interim, its 7.7 inch device could be released here instead.

Read Sorry Apple: OZ Samsung 7.7″ Tab Likely After Ruling

Skullcandy 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
MOTO 36331576 Q3 Ad Banners 728x90 2 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
BEL2535 BPB024 4SQ Banners 728x90 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
4Square Media Banner Ads Update at 5 July JSAU05JUL1 Buddy 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
250527 SAV Channel news June25 Leaderboard 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
FLOODLIGHT 2024 Banner 728x90px Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
Hisense KV BannerAd 728 90 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
728 x 90 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
728x90 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
Uniden Channelnews SoloX July 2024 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
HAIER Series 600 FLW HPD Pairs 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
ChannelNews AZ100 728x90 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
Flick of a switch 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
728x90 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
GOTHAM 728px x 90px Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
appliance retailer leaderboard may 728x90 Hitachi updated Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
FA 979 HN MDF SG14 14gen 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
Westan 728x90px Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
JBL TourPro3 728x90 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
ELX DIG Crosscat Promo 728x90 Mar25 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
4Square Media Banner Ads Update at 5 July JSAU05JUL1 MR 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
AU X8 Banner 728x90 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
BlueAnt 4SQM PumpAirUltra 728x90px Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
Marshall 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference
Px7 S3 728x90 1 Apple Nab Samsung In US As Lawyer Fails To Spot The Difference


YOU MAY ALSO LIKE