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ITC judge invokes 'Cheech and Chong' test in Apple-Samsung case

post #1 of 90
Thread Starter 
An International Trade Commission judge said on Thursday that Apple's ongoing patent infringement case may come down to what he calls a "Cheech and Chong" test, alluding to a bit by the comedy duo that involved dog feces.

According to Bloomberg, Judge Thomas Pender said that the patent design case may boil down to the "Cheech and Chong" test, which identifies an object using the following no-nonsense qualifications: ?Does it look like it, feel like it, smell like it??

For those unfamiliar with the 1970's routine, found here (warning: coarse language), Cheech forces Chong to feel, smell and taste a substance they believe to be dog feces before finally deciding that it was, indeed, excrement and that they were glad not to have stepped in it.

The humorous quip doesn't lessen the gravity of Apple's allegations, which assert that Samsung's Galaxy Tab and smartphone lineups copied the look and feel of the original iPad and iPhone. The Cupertino-based company first leveled accusations of patent infringement in an April 2011 suit that has ballooned into a worldwide dispute spanning multiple continents.

Judge Pender
U.S. Administrative Law Judge Thomas Pender. | Source: USITC


The statement was part of the case's opening arguments which saw Apple reiterate its long-held stance that Samsung flagrantly copied the design of the iPad and iPhone.

?Not content to copy the overall design and interface, Samsung has copied the smallest detail of the iPhone,? said Apple lawyer Harold McElhinny of Morrison & Foerster. ?Samsung copied our original and iconic design.?

Samsung claims that it arrived at the designs after spending decades and $3.5 billion on research.

?Samsung has been in this industry, building and innovating to the point where Apple could enter the market,? said Samsung lawyer Charles Verhoeven of Quinn Emanuel. ?We are anything but an also-ran trying to copy Apple?s technology.?

Verhoeven goes on to say that Samsung is "also known for its designs" and the company has been "recognized worldwide and compared favorably? to Apple.

Judge Pender will hear the Apple v. Samsung case through June 6 and is expected to deliver a ruling on Oct. 5.

The South Korean company has an ITC patent case of its own against Apple that is scheduled to be held from June 4 through June 15. Judge James Gildea, who previously handed down an unfavorable ruling against Apple in an HTC complaint that was later overturned, will be overseeing the case. A determination is expected to be reached by Sept. 14.

Apple recently filed for a U.S. injunction against Samsung's Galaxy Tab after it won an appeal against opposing findings from a California court.
post #2 of 90

Good thing it wasn't the 'Cheech, Chong, and Chewbacca' test.

 

This quote cracks me up:

 

Samsung claims that it arrived at the designs after spending decades and $3.5 billion on research.

Pot is legal in North Korea.
That explains a considerable amount.

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Pot is legal in North Korea.
That explains a considerable amount.

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post #3 of 90
Quote:
Originally Posted by GTR View Post

Good thing it wasn't the 'Cheech, Chong, and Chewbacca' test.

 

This quote cracks me up:

 

Samsung claims that it arrived at the designs after spending decades and $3.5 billion on research.

 

Similarly, this quote is quite humorous.

 

Verhoeven goes on to say that Samsung is "also known for its designs" and the company has been "recognized worldwide and compared favorably" to Apple.

post #4 of 90

Samsung-Apple-Cable-Copy.jpg

 

"Decades. Literally DECADES, your honor."

post #5 of 90
Quote:
Originally Posted by Tallest Skil View Post

...

 

"Decades. Literally DECADES, your honor."

 

"Samsung has been in this industry, building and innovating to the point where Apple could enter the market"

 

Uh, wha...? No really, what? It's great that they do memory, screens, CPUs, and really without the overall advances in the components it's unlikely that Jobs would have been able to get a device in the form factor he wanted with the functionality that he wanted, but that's industry wide advancements - and in what way does that mean they didn't totally copy Apple in design and interface/usability? They used the iOS knockoff and then copied the hardware as well.

 

Apple isn't suing other screen makers or chip makers, they're suing Samsung for ripping off their phone and tablet designs. And to think people say Apple has a reality distortion field.

post #6 of 90
Quote:
Originally Posted by mrstep View Post
And to think people say Apple has a reality distortion field.

 

They copied that, too.

post #7 of 90

“We are anything but an also-ran trying to copy Apple’s technology.”

 

Do or do not. There is no try.

post #8 of 90
Samsung copied design, not technology.
post #9 of 90

Are you saying that Apple's iPad's rectangular tablet design isn't part of the larger industry trend ? - whereas Samsung's is?

post #10 of 90
Quote:
Originally Posted by tooltalk View Post
Are you saying that Apple's iPad's rectangular tablet design isn't part of the larger industry trend ? - whereas Samsung's is?

 

Well, let's see, there were no tablets on the market that anyone actually wanted… and then the iPad came out.

 

So yeah, there was no "industry trend". It's laughable that you'd even say that.

post #11 of 90
Seems to me to show he favors Apple. I think the judge is asking, rhetorically, does he really have to feel, smell and taste a Sumsung device to know it's dog shit.

Sorry using an iPad so no chance of any emoticons.
Edited by digitalclips - 5/31/12 at 7:59pm
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post #12 of 90

Hey look it's a new Mac Mini:-

 

http://www.engadget.com/photos/samsung-chromebox-2012-review/#5051182

 

Samsung imitating, nah I just don't see it.

 

LOL

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post #13 of 90
Quote:
Originally Posted by aaarrrgggh View Post

Samsung copied design, not technology.

I can see where a simple mind might come to that conclusion from reading just this article, but this article covers merely a tiny fraction of the areas in dispute between the two companies--areas that include patented designs and patented technologies.

post #14 of 90
Quote:
Originally Posted by AppleInsider View Post

Samsung claims that it arrived at the designs after spending decades and $3.5 billion on research.

They need to ask for a refund because they got ripped off.
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post #15 of 90
Quote:
Originally Posted by hill60 View Post

Hey look it's a new Mac Mini:-

http://www.engadget.com/photos/samsung-chromebox-2012-review/#5051182

Samsung imitating, nah I just don't see it.

LOL

Dead ringer for an Apple AE too.
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post #16 of 90

Wasn't it Samsung's lawyer who couldn't identify the Samsung product at a short distance???

post #17 of 90
Quote:
Originally Posted by hill60 View Post

Hey look it's a new Mac Mini:-

 

http://www.engadget.com/photos/samsung-chromebox-2012-review/#5051182

 

Samsung imitating, nah I just don't see it.

 

LOL

They really just keep on blatantly copying Apple product designs! I do hope Apple wins on some of these points, but even if they don’t, they’re smart to push the matter as far as possible. Apple needs to send all competitors the message that they won’t roll over and make it easy for you if you want to steal their designs so blatantly and repeatedly. (And steal their patented innovations as well, as the case may be.)

post #18 of 90
Quote:
Originally Posted by jragosta View Post

They need to ask for a refund because they got ripped off.
Sounds like the advice was good, just a little pricey.
"After an exhaustive, $3.5 billion survey of existing consumer tech, it is clear that Apple is the company to copy..."
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post #19 of 90
"Dave's not here, man."

Quote:
Originally Posted by GTR View Post

Good thing it wasn't the 'Cheech, Chong, and Chewbacca' test.

This quote cracks me up:

Samsung claims that it arrived at the designs after spending decades and $3.5 billion on research.
Technically speaking corporate espionage is research. :D

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post #20 of 90
Quote:
Originally Posted by aaarrrgggh View Post

Samsung copied design, not technology.

 

Design and Technology are interwoven.

post #21 of 90
Quote:
Originally Posted by mrstep View Post

 

"Samsung has been in this industry, building and innovating to the point where Apple could enter the market"

 

Uh, wha...? No really, what? It's great that they do memory, screens, CPUs, and really without the overall advances in the components it's unlikely that Jobs would have been able to get a device in the form factor he wanted with the functionality that he wanted, but that's industry wide advancements - and in what way does that mean they didn't totally copy Apple in design and interface/usability? They used the iOS knockoff and then copied the hardware as well.

 

Apple isn't suing other screen makers or chip makers, they're suing Samsung for ripping off their phone and tablet designs. And to think people say Apple has a reality distortion field.

This seems a particularly reckless claim for a component supplier like Samsung. They seem to be deliberately blurring the line between the component and handset businesses. As a supplier, they should be assuring everyone that a firewall between these two units means that their component customers' designs are safe. Instead, they try to make it sound like they have provided design leadership in both these areas which then allowed Apple to make the iPhone.

post #22 of 90

iphone_before_after.png

 

of course.

post #23 of 90
Quote:
Originally Posted by Tallest Skil View Post

image: http://forums.appleinsider.com/image/id/165966/width/547/height/286/flags/LL

"Decades. Literally DECADES, your honor."

The latest one is their Chromebox that looks like a Mac mini.

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post #24 of 90

To add to that, since this seems to be a thread astonishingly free of anti-Apple trolls,

 

Tablets.jpg

1.jpg

2.jpg

3.jpg

post #25 of 90
Quote:
Originally Posted by AppleInsider View Post


Samsung claims that it arrived at the designs after spending decades and $3.5 billion on research.

 

Decades? 

 

And they still managed to release their iPad copy well after Apple released the iPad. 

 

 

 

 

 

 

 

 

 

 

 

Just a coincidence. No, really. 

 

tumblr_m4ri3mH3Ov1rp9ify.jpg

post #26 of 90
Quote:
Originally Posted by hill60 View Post

Hey look it's a new Mac Mini:-

 

http://www.engadget.com/photos/samsung-chromebox-2012-review/#5051182

 

Samsung imitating, nah I just don't see it.

 

LOL

 

Great example of total rip-off by Samsung and bet they say we spend Billions of dollars designing their mini oops I mean chromebox. 

post #27 of 90
Quote:
Originally Posted by Quadra 610 View Post

 

Decades? 

 

And they still managed to release their iPad copy well after Apple released the iPad. 

 

 

 

Just a coincidence. No, really. 

 

 

 

Yup. After 'decades' of research, they somehow managed to come up with their significantly redesigned products all within a few months after Apple launched their own new products, while coincidentally looking almost identical. This is some high level 'stars are aligned' biblical coincidence of epic proportions. 

post #28 of 90

Allright there is a law suit coming on the CHeech & CHong royalty rights for the use of their name in a legal court of law.

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post #29 of 90
Quote:
Samsung lawyer Charles Verhoeven of Quinn Emanuel. “We are anything but an also-ran trying to copy Apple’s technology.” Verhoeven goes on to say that Samsung is "also known for its designs" and the company has been "recognized worldwide and compared favorably” to Apple.

 

 

Yes, right... This guy is even funnier than Cheech and Chong.
 

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post #30 of 90

Samsung's next brilliant legal defense strategy:

 

"Your honor, at this time we would like to introduce the I'm Rubber & You're Glue. Everything that you say bounces off of us and lands back on you defense."

post #31 of 90

Awesome. Thanks for posting that

post #32 of 90
Quote:
Originally Posted by hill60 View Post

Hey look it's a new Mac Mini:-

http://www.engadget.com/photos/samsung-chromebox-2012-review/#5051182

Samsung imitating, nah I just don't see it.

LOL

I wasnt gonna post anything because you guys have said volumes. But after looking at this link of the chrome box, I hope apple sues the f**k out of them!!! AND takes there business elsewhere.

This is ridiculous. I mean any judge should be slapping Samsung with patent violations left and right
post #33 of 90
Quote:
Originally Posted by GTR View Post

Good thing it wasn't the 'Cheech, Chong, and Chewbacca' test.

 

This quote cracks me up:

 

Samsung claims that it arrived at the designs after spending decades and $3.5 billion on research.

 

Show us the records. 

A non tech's thoughts on Apple stuff 

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A non tech's thoughts on Apple stuff 

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post #34 of 90
Quote:
Originally Posted by tooltalk View Post

Are you saying that Apple's iPad's rectangular tablet design isn't part of the larger industry trend ? - whereas Samsung's is?

 

That specific detail is. But they copied more than that. They copied the general size, at a time when the palm was the standard size cue for PDAs. They copied the soft keyboard at a time when mini chicklet keys was the standard. And so on. 

 

They also copied the use of the wide border space etc. Even the thinnest. 

 

And all that together led to a device that when held up next to an iPad, both turned off, their own lawyer standing a mere 10 inches away couldn't tell the judge which was the iPad and which was the Galaxy without seeing the logos on the back. Ouch. 

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post #35 of 90
Quote:
Originally Posted by hill60 View Post

Hey look it's a new Mac Mini:-

 

http://www.engadget.com/photos/samsung-chromebox-2012-review/#5051182

 

Samsung imitating, nah I just don't see it.

 

LOL

 

LOL Apple really does have rights to everything either square or rectangular.
post #36 of 90
Quote:
Originally Posted by El Band View Post
LOL Apple really does have rights to everything either square or rectangular.

 

Tune. MHD. iBanned. Angler.

 

Enjoy your fifth ban.

post #37 of 90
Quote:
Originally Posted by Tallest Skil View Post

 

Tune. MHD. iBanned. Angler.

 

Enjoy your fifth ban.

 

You left out Amoled. It's fun terrorizing you with the truth.
post #38 of 90
Quote:
Originally Posted by El Band View Post
It's fun terrorizing you with the truth.

 

It's fun banning liars. Goes full circle, I guess. lol.gif

post #39 of 90
Quote:
Originally Posted by charlituna View Post

 

Show us the records. 


The records show Sammy bought a couple iphones and ipads and lots of "dinners" at gentlemen clubs in the Cupertino area.

post #40 of 90
Quote:
Originally Posted by Tallest Skil View Post

 

It's fun banning liars. Goes full circle, I guess. lol.gif

 

The censorship on this board is worse than communist China.
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