Trade dress vs. patent infringement »

Matt Drance on Apple v. Samsung:

I must admit I’m uncomfortable with the idea that the world’s largest corporation, whatever its name, could be given such a big stick as early as this week.

John Gruber adds his thoughts:

I’m of a similar mind. I think Apple deserves to win, and from what I’ve read of the trial’s evidence and arguments, I suspect they will win. But I think the net result will be an affirmation of the U.S. software patent system, which is not good at all.

I would tend to agree with both of these mindsets, but from what I understand from the excellent coverage by Bryan Bishop over at The Verge, Apple is winning on the trade dress argument more-so than patents. I could be arguing over minutia, but I think there’s a deep difference. Only time will tell whether a win due to trade dress will have implications on future patent claims, and much like Gruber and Drance, I hope it doesn’t.