The International Trade Commission (ITC) judge that is hearing Apple’s case against Samsung in a design patent infringement lawsuit called up comedian’s Cheech and Chong to reference a test that should be considered obvious to everyone. That is, the Galaxy Tab is clearly a rip-off of the iPad.
Judge Thomas Pender didn’t say that is so many words, but the sentiment was there. The, “Does it look like it; feel like it; smell like it?” test refers to a skit by the 1970s comedic team when they encounter a pile of dog poop.
The duo proceed to determine if the small mound is, in fact, what they think it is by picking it up, smelling it and ultimately eating it before coming to the conclusion that they were right.
Referring to the identity test has positive implications for the Apple camp as it appears that the judge doesn’t think there needs to be a lot of unnecessary discussion for him to determine what he can see with his eyes. Samsung’s own attorneys couldn’t pick the Galaxy Tab out when held up next to the iPad in a prior US court case.
This next week is turning out to be a big one for Apple. The tech company will also be battling against Samsung in a lawsuit brought on by the latter around the same time that Judge Pender will hear the full case that the former submitted. Confused yet?
Additionally, a ruling regarding a whether Apple’s request for a ban on the Galaxy Tab in the US is set to be made on June 7. Apple has also schedule a keynote address at this year’s Worldwide Developer Conference on June 11, which may include some much-anticipated product announcements.