As we all know by now, Apple and Samsung are in a patent battle. A month ago, it was reported that Steve Jobs was said to have contacted Samsung in July of 2010, initiating negotiations between the two companies regarding the patent disputes. The effort proved to be unsuccessful, which caused Apple to file mutiple patent lawsuits against Samsung.
At present, Apple is seeking an injunction against Samsung preventing the sale of the Galaxy Tab 10.1 in Australia. Samsung agreed to delay the device’s launch several times as the injunction was considered by the court. The company even proposed a deal to Apple that would allow Samsung to launch its delayed Galaxy Tab 10.1 in Australia. Unsurprisingly, Apple rejected that offer from Samsung which would have allowed the company to release its Galaxy Tab 10.1 in Australia.
A few days ago, it was reported that Justice Annabelle Bennett ruled on Thursday that Apple had presented sufficient evidence of alleged infringement by Samsung on two of its touchscreen and multitouch related patents to issue a preliminary injunction. The suit will proceed a full hearing, but even if Samsung prevails, the company will have lost valuable time in the tablet market.
Now, Reuters reveals that when asked by a judge in a California courtroom to tell the difference between a Samsung Galaxy Tab and an Apple iPad held side-by-side 10 feet away, an attorney for Samsung couldn’t do it (*chuckles*). A judge held both a Samsung Galaxy Tab 10.1 and iPad above her head, and asked Kathleen Sullivan, a lawyer representing Samsung, to identify what company made which. She wasn’t able to tell the difference.
“Not at this distance, your honor,” she reportedly said. Koh then asked if any of Samsung’s lawyers could identify which tablet was made by Apple and which was made by Samsung. Another lawyer supplied the correct answer “moments later.” The judge has yet to rule on Apple’s request to bar some of Samsung’s products from being sold in the U.S.
In addition, the judge did say that Samsung’s Galaxy-branded tablets do infringe on some of Apple’s iPad-related patents and Apple must still prove to the court that its patents are valid under the law. Koh also tentatively said she would not grant Apple an injunction based on one “utility” patent the company has accused Samsung of infringing upon.