ITC Judge to Determine if Samsung Copied Apple Using 'Cheech and Chong' Test

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Posted June 1, 2012 at 3:22pm by Shalom Levytam

Determining whether Samsung copied the design of the Apple iPhone may hinge on the 'Cheech and Chong test' described by an ITC judge today, reports Bloomberg.

"Does it look like it, feel like it, smell like it?" U.S. International Trade Commission Judge Thomas Pender said at the beginning of Apple's patent-infringement trial against Samsung, referring to a routine in which the comedy duo identified dog feces.

Apple is accusing Samsung phones and tablets of copying their designs and infringing on patents related to the user interface and headset plugs.

"Not content to copy the overall design and interface, Samsung has copied the smallest detail of the iPhone," Apple lawyer Harold McElhinny of Morrison & Foerster told the judge in opening arguments today in Washington. "Samsung copied our original and iconic design."

Next week another trial begins at the trade agency where Samsung will bring its own patent-infringement claims against Apple.

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ITC Judge to Determine if Samsung Copied Apple Using 'Cheech and Chong' Test

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Cheech - June 2, 2012 at 12:25am

So.... I guess they were high when they copied it, or they get high to test it?

mmc - June 1, 2012 at 10:33pm

I don't know what to say.

joyz - June 1, 2012 at 3:30pm

They've also copied the Mac mini! I think the judge should take that into account to

NoGoodNick - June 1, 2012 at 6:51pm

I think the judge should take into account that it's not only blatant theft, but a bad attempt at it as well, since the phone doesn't work as well as the one they stole from.

Ma Ying Jiu - June 1, 2012 at 7:39pm

Cheech and Chong? I've never heard of that test before.

m_thoroughbred - June 3, 2012 at 10:12pm

Watch the movie then

Karim B - June 3, 2012 at 11:50pm

Hu, that would be a separate case. Unless they want to start the process all over again. They could wait until the iPhone case is finished then use that for the MacMini case I guess.