Edible Apple

Yesterday we reported that Judge Lucy Koh denied Apple’s motion for a preliminary injunction against a slew of Android-based Samsung products. This shouldn’t be taken to mean that Apple’s lawsuit has no merit, but rather that the specific criteria involved in granting a preliminary injunction weren’t wholly satisfied by Apple in the eyes of the Court.

In any event, Apple has yet to respond publicly to the ruling while Samsung this weekend offered up the following.

Samsung welcomes today’s ruling denying Apple’s request for a preliminary injunction. This ruling confirms our long-held view that Apple’s arguments lack merit. In particular, the court has recognized that Samsung has raised substantial questions about the validity of certain Apple design patents. We are confident that we can demonstrate the distinctiveness of Samsung’s mobile devices when the case goes to trial next year. We will continue to assert our intellectual property rights and defend against Apple’s claims to ensure our continued ability to provide innovative mobile products to consumers.

Say what you will about the validity of Apple’s patents, but come on, no one in their right mind can honestly say that Samsung’c mobile products are distinctive. And besides, one of the core thrusts of Samsung’s defense was that it’s design choices so closely mirrored Apple’s because it was simply following the general and overarching trend in smartphone design. Not one did Samsung ever try and posit that its mobile products were distinctive.