Samsung may be in trouble in Apple's "look and feel" lawsuit, at least in the the early rulings and what they reveal about the Judge Lucy Koh's leanings. Koh ordered Samsung to turn over to Apple's lawyers some devices that haven't even gone on sale yet. The judge is trying to decide whether to issue an injunction barring Samsung from offering them for sale, no doubt.
"Although the Court expresses no opinion on the merits of Apple's claims, the Court notes that Apple has produced images of Samsung products and other evidence that provide a reasonable basis for Apple's belief that Samsung's new products are designed to mimic Apple's products."
The judge notes as a basis for her ruling that the design of Samsung's cell phones is directly relevant to the infringement claims by Apple.
"In particular, the design and appearance of Samsung's forthcoming products and packaging are directly relevant to Apple's trademark, trade dress, and design claims. Because these claims are subject to consumer confusion and "ordinary observer" standards, the products themselves and the packaging in which they are sold are likely to be central to any motion for preliminary injunction," the order reads.
-Courthouse News Service, May 19, 2011 (via the Guardian)