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  • ITC Judge to Employ "Cheech and Chong" Test in Apple v. Samsung Patent Case

    Judge Thomas Pender, expert in international patent law, and purveyor of the "Cheech and Chong" test.


    Thursday an International Trade Commission judge said Apple and Samsung’s ongoing patent case may be decided by what the judge referred to as the “Cheech and Chong” test.

    The judge in question is one Thomas Pender, according to Bloomberg. Pender commented that the case may come down to the aforementioned “Cheech and Chong” test first tried during the Salem witch trials, and later inspired the comedic duo Cheech Marin and Tommy Chong. The test consists of identifying an object using the following qualifications: “Does it look like it, feel like it, and smell like it?”

    For the 1970’s pop culture novice Cheech and Chong famously applied the above test in an attempt to decipher whether or not a substance they believed to be dog feces, was in fact dog feces. After applying each step of the test to the substance, they ultimately agreed the substance was feces and were happy they didn’t step in it.

    The case to which Pender will likely apply this rigorous form of testing involves Apple’s allegations that the Samsung Galaxy Tab and smartphone lineups copied the look and feel of the iPad and iPhone.

    Apple’s lawyers claim Samsung copied not only the overall design, but even “the smallest detail of the iPhone.” Samsungs retort claims the company arrived at the designs of their Galaxy products after spending $3.5 billion and decades of research. I really wish I was the R&D department that blew $3.5 billion and when asked what we came up with, just held up a spray painted iPhone. And got away with it.

    Judge Pender will hear the Apple v. Samsung case through June 6 and will deliver his ruling on Oct. 5. Presumably demonstrating his conclusion via the Cheech and Chong test.

    Source: Apple Insider
    This article was originally published in forum thread: ITC Judge to Employ "Cheech and Chong" Test in Apple v. Samsung Patent Case started by Phillip Swanson View original post
    Comments 20 Comments
    1. Alluziion's Avatar
      Alluziion -
      "I really wish I was the R&D department that blew $3.5 billion and when asked what we came up with, just held up a spray painted iPhone. And got away with it."

      That's exactly what I was thinking!
    1. iLoveWindows&iPhone's Avatar
      iLoveWindows&iPhone -
      I was really hoping the "Cheech and Chong test" would force all of Samsung's lawyers, execs, and r&d, to all get super high....and THEN testify how they REALLY came up with "their" design... That would have been awesome! And a much better method of getting Samsung to tell the truth!
    1. ankit_jedi's Avatar
      ankit_jedi -
      Decades of research for plastic?!
    1. ednometry's Avatar
      ednometry -
      Is it me or is the writing in this article kind of slanted... I know this is an iPhone enthusiast site but I thought impartiality was still the order of the day when it came to journalists and their articles? Maybe I'm giving the writer too much credit by calling him a journalist.
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by ednometry View Post
      Is it me or is the writing in this article kind of slanted... I know this is an iPhone enthusiast site but I thought impartiality was still the order of the day when it came to journalists and their articles? Maybe I'm giving the writer too much credit by calling him a journalist.
      Well lately there is a lot of copy and paste on this site, that might be straight cut and copy from another site.
      To say Samsung could easily have copied LG Prada instead of iPhone, after all they were the first to come out with smartphone with current configuration and yes even before iPhone came out. It is more feasible since they are both Korean company and before Apple was even on people's cellular radar. One might even say LG have a case against Apple iPhone copying their design.
    1. c0dy's Avatar
      c0dy -
      Quote Originally Posted by ednometry View Post
      Is it me or is the writing in this article kind of slanted... I know this is an iPhone enthusiast site but I thought impartiality was still the order of the day when it came to journalists and their articles? Maybe I'm giving the writer too much credit by calling him a journalist.
      It's just you. Go back to your Samsung forum if you don't want to hear the truth.
    1. theworldiam's Avatar
      theworldiam -
      Mr. Swanson is brilliant and so, there is no need for Judge Pender (and Apple and Samsung to spend all these monies), as he has convincingly settled the infringement matters!
      Quite frankly, I am not sure if my comments are relevant, as I believe this forum is biased towards all things Apple. I read it because I DO OWN an iPhone 3GS, but also want to LEARN more about new technologies. That said, I do read it with a huge grain of salt!
    1. Phillip Swanson's Avatar
      Phillip Swanson -
      Quote Originally Posted by unison999 View Post
      Well lately there is a lot of copy and paste on this site, that might be straight cut and copy from another site.
      To say Samsung could easily have copied LG Prada instead of iPhone, after all they were the first to come out with smartphone with current configuration and yes even before iPhone came out. It is more feasible since they are both Korean company and before Apple was even on people's cellular radar. One might even say LG have a case against Apple iPhone copying their design.
      I can assure you the only copy and paste going on involves direct quotes. Also, if you want to challenge "journalistic integrity" I invite you to read some of my previous work. While I have professionally moved into more video production, I still enjoy and love writing about technology/iOS/jailbreaks. Here's a few links to some original content. This story required me to make satellite phone calls to a student doing doctoral work on deep ocean drilling rigs in Antarctica. Here's another about special needs children. Oh and here's an entry to a blog I did for The New York Times in 2009 during my junior season at WMU.
    1. cmwade77's Avatar
      cmwade77 -
      Umm, I don't think it's exactly the same, the OS is different and there is no physical home button.
    1. Piazza331's Avatar
      Piazza331 -
      Quote Originally Posted by Phillip Swanson View Post
      I can assure you the only copy and paste going on involves direct quotes. Also, if you want to challenge "journalistic integrity" I invite you to read some of my previous work. While I have professionally moved into more video production, I still enjoy and love writing about technology/iOS/jailbreaks. Here's a few links to some original content. This story required me to make satellite phone calls to a student doing doctoral work on deep ocean drilling rigs in Antarctica. Here's another about special needs children. Oh and here's an entry to a blog I did for The New York Times in 2009 during my junior season at WMU.

      While I don't think he was challenging your whole body of work, he makes a valid point. My resume isn't as impressive as yours, but I do have a journalism degree. The point of a news article is to distribute the relevant information. Your personal opinion on the right or wrongdoing of Samsung really has no merit in the story. I could understand following up the post with your own critiques and opinions, but putting it in an article to sway other people's opinions violates the very principles you represent as a journalist.
    1. Norb's Avatar
      Norb -
      Quote Originally Posted by cmwade77 View Post
      Umm, I don't think it's exactly the same, the OS is different and there is no physical home button.
      Hey bro I copied your paper word for word, but don't worry I changed the name and student ID... I'm not a moron.
    1. desepticon's Avatar
      desepticon -
      It sounds like this judge can smell the bull**** coming out of Samsung's mouth.
    1. Phillip Swanson's Avatar
      Phillip Swanson -
      Quote Originally Posted by Piazza331 View Post
      While I don't think he was challenging your whole body of work, he makes a valid point. My resume isn't as impressive as yours, but I do have a journalism degree. The point of a news article is to distribute the relevant information. Your personal opinion on the right or wrongdoing of Samsung really has no merit in the story. I could understand following up the post with your own critiques and opinions, but putting it in an article to sway other people's opinions violates the very principles you represent as a journalist.
      In understand the backbone of journalism is objectivity, but the nature of blogs, and the aggregate news cycle is incredibly removed from the nature of true journalism. This article in particular isn't intended to sway the reader on way or another, more than it is intended to show how utterly ridiculous this patent war has gotten. So ridiculous in fact an ITC judge deems it unworthy anything better than a Cheech and Chong reference.
    1. Aehmlo's Avatar
      Aehmlo -
      Guys, lay off. If you want better journalism than this, why don't you just make your own FREE news site? He doesn't influence your own free thinking, but just shows how ridiculous this is getting. Nice job, Phillip.
    1. alanjf's Avatar
      alanjf -
      Quote Originally Posted by Phillip Swanson View Post
      if you want to challenge "journalistic integrity" I invite you to read some of my previous work. While I have professionally moved into more video production, I still enjoy and love writing about technology/iOS/jailbreaks.
      Your past articles are not necessarily what in question here, but the current one.

      Are you really trying to say that comments like
      I really wish I was the R&D department that blew $3.5 billion and when asked what we came up with, just held up a spray painted iPhone. And got away with it.
      are objective and unbiased?
    1. iLoveWindows&iPhone's Avatar
      iLoveWindows&iPhone -
      Quote Originally Posted by desepticon View Post
      It sounds like this judge can smell the bull**** coming out of Samsung's mouth.
      Agreed.
    1. jOnGarrett's Avatar
      jOnGarrett -
      Only an *** or an apple fanboy would say that the Galaxy Tab 10.1 is a copy of the iPad. considering not only the 20 or so differences between the two--Samsung released a tablet before anybody ever even thought of an iDevice let alone an iPad.

      Id like to ask the apple cult where did they get the idea for......

      - a portable multimedia device that plays music & video, displays photos, accesses email, surfs the web and can run mobile apps? I did all this on my Compaq iPaq (yeah, the original iDevice) back in the late 90's.

      and yes, there were multiple "app stores" back then.
    1. larke's Avatar
      larke -
      gotta agree that the apple fanboys are agreeing that apple will come out the winner of that test. I was thinking yay finally apple would lose. You pick up those devices and can easily see, yes they're similar, but they're definitely different. i love my iphone, but i still understand the apple is a money grubby greedy monopoly.
    1. stereosympathy's Avatar
      stereosympathy -
      Quote Originally Posted by jOnGarrett View Post
      Only an *** or an apple fanboy would say that the Galaxy Tab 10.1 is a copy of the iPad. considering not only the 20 or so differences between the two--Samsung released a tablet before anybody ever even thought of an iDevice let alone an iPad.

      Id like to ask the apple cult where did they get the idea for......

      - a portable multimedia device that plays music & video, displays photos, accesses email, surfs the web and can run mobile apps? I did all this on my Compaq iPaq (yeah, the original iDevice) back in the late 90's.

      and yes, there were multiple "app stores" back then.
      The iPaq came out in early 2000. Solid point though.
    1. znbl's Avatar
      znbl -
      Quote Originally Posted by Phillip Swanson View Post
      In understand the backbone of journalism is objectivity, but the nature of blogs, and the aggregate news cycle is incredibly removed from the nature of true journalism.
      I'm sorry but this is a blatant cop out. So you're saying because a site falls into the "blogs, and the aggregate" category that it's suddenly ok to ignore all the basic rules of good journalism and throw all the opinion you want into an article? BS. I don't care what the source of the news is, but if this is supposed to be a news site in any sense, then there is no excuse. Is it THAT hard to report what occurred without pushing your own person views along with it in some way?

      This article in particular isn't intended to sway the reader on way or another, more than it is intended to show how utterly ridiculous this patent war has gotten. So ridiculous in fact an ITC judge deems it unworthy anything better than a Cheech and Chong reference.
      I have no beef with reports that illustrate how ridiculous this (and other) patent wars have become, I doubt very many people would disagree on that part. What I do have a problem with is your injecting of your feeling towards a specific entity (Samsung in this case) which has no place in a news article. Just please kindly stop making excuses for poor reporting practices (which is not to say your articles aren't informative, they do tend to be, just keep your personal view out.)