Apple Vs Samsung: A Question Of Design?

Apple and Samsung are back in court in Sydney today, contesting the fate of the Galaxy Tab 10.1. Apple says Samsung is "crashing through" its patents, but Samsung states that design should have nothing to do with the patent case. ZDNet reports on the ongoing case, which today saw the emergence of video of the model of Galaxy Tab 10.1 that Samsung intends to bring to market, perhaps as early as this week. Apple's claim now appears to be that the Australian version of the Galaxy Tab 10.1 has been stripped of features to try to sidestep the patent issues. The article quotes Apple's legal counsel as saying that

[Samsung will]have a go at launching a product and if they get caught out [infringing patents] , they'll design around it. Samsung should clear the way before [it launches a product]rather than try to crash straight through"

Samsung, meanwhile, contests that the design of the Galaxy Tab 10.1 shouldn't be a matter for consideration in a patent case. The article quotes Samsung's legal counsel, David Catterns QC as stating to the court that

This case has nothing to do with form factor, nor shape, nor a white cardboard box: it's a patent case ... questions of our design rationale are irrelevant. [Apple]admits they didn't sue us on earlier products that have these features. This product is more desirable [in the market]because it's thinner."

[ZDNet]