Samsung Lawyer Can’t Distinguish Between an iPad and the Galaxy Tab 10.1
By 
A Samsung lawyer made quite an embarrassing mistake during Samsung’s court hearing with Apple on Thursday in California. After commenting extensively on the similarities between the Samsung Galaxy Tab 10.1 and Apple’s iPad, U.S. District Judge Lucy Koh held up the tablets and asked Kathleen Sullivan if she could tell which was an iPad and which was a Galaxy Tab.
Sullivan’s response? “Not at this distance, your honor.” Not at this distance? One might assume that she was far across the courtroom, with the tablet hardly visible.
That’s not the case though, since Sullivan was standing a mere 10 feet away from the judge. Wow. Really? What a humiliating experience that must have been, for both Samsung and Sullivan.
Samsung has been vigorously fighting against Apple’s claims that the company unabashedly copied the design of the iPad, and Sullivan’s mortifying answer undermines Samsung’s entire defense. How can Samsung argue that it didn’t steal Apple’s handiwork, when Samsung’s own employee can’t tell the difference between the two devices?
Following Sullivan’s devastating answer, Koh asked, “Can any of Samsung’s lawyers tell me which one is Samsung and which one is Apple? One lawyer was able to supply the answer, but the damage had already been done.
Koh decided that Samsung’s tablets do indeed infringe on Apple’s iPad patents, but did not make a decision on Apple’s request to ban the Galaxy Tab 10.1 in the United States, citing that Apple could possibly find a problem establishing the validity of the patents. Koh did mention that she would decide on the issue in a timely manner. So far, it’s not looking good for Samsung.
The company had yet another setback in the Netherlands today, where a Dutch court refused Samsung’s request for an injunction banning Apple from selling iPhones and iPads in the country. Samsung claimed that Apple did not have the right to use 3G mobile technology without a license, but the court disagreed, stating that 3G is an industry standard and Samsung is obliged to offer Apple licenses under “fair, reasonable and nondiscriminatory” terms.
Samsung may have a difficult time establishing its innocence from this point forward. The company has thus far been largely unsuccessful in its court battles, with the Galaxy Tab 10.1 being banned in Germany and Australia, a precedent that will undoubtedly be used by Apple lawyers as further leverage against Samsung. After Sullivan’s inability to tell the difference between an iPad and the Galaxy Tab, it’s hard to feel sorry for the South Korean company, which did, unquestionably, steal design elements from Apple.
[via All Things D, via Reuters]
