Comment Re:That judge is an Obama appointee (Score 1) 498
I can see where you would get that.
Where the Galaxy Tab 10.1 is concerned, I'm on Apple's side, at least in technical interpretation of the law. The way the case law for design patents and the "tests" a court applies work, a lot of what most people call common sense is thrown out the window, legally. It's less about if Joe Blow Customer can differentiate the two and more about if I throw these two items into a market are people going to buy the cheaper one because they're "about the same thing anyway".
Everyone knows an iPad form a Galaxy Tab. The issue is, are people going to buy the Tab because it's cheaper and pretty much has the same design points that made them want an iPad to begin with. Thus, you throw out logos, branding, and other things that people say "make a difference".
Apple has played this case underhanded in other courts. I honestly think that they should lose based on the modification of evidence and unusual leveraging in other cases, but that's just wishful thinking. The fact is, despite Apple's idiotic attempt to stack the deck, they should get this anyway. The Galaxy Tab, especially the way they "skinned" the Android installation, is fairly obviously on the wrong side. I suspect even if the casing were neon lime green, they could be considered infringing. This is a lot more than "rectangles with rounded corners." That design element is merely a single straw on the camel's back. In my opinion, the 10.1 N should've never passed muster in Germany.
I hate Apple, own a Galaxy Nexus, will probably buy a Nexus 7 (or whatever they call it today), and run Arch Linux at home on 2 desktops and a laptop. I do hobby development for Android. I still have to hand this one to Apple.