An International Trade Commission judge plans to use what he called the "Cheech and Chong test" to determine if Samsung's products indeed copy Apple's designs for the iPhone and iPad. The remarks came at the beginning of oral arguments on Thursday, which are expected to continue until June 6, as noted by Bloomberg.

"Does it look like it, feel like it, smell like it?" Judge Thomas Pender asked at the beginning of the trial, referencing a classic Cheech and Chong sketch wherein the duo try to identify what appears to be feces on the ground by feeling it, smelling it, and finally tasting it.

"Good thing we didn't step in it!" the punch line goes.

Pender may have been suggesting that if Samsung's devices look, feel, and smell like an iPhone or iPad, they probably are copies, as Apple alleges. The company is asserting six different patents against Samsung in its ITC complaint, including design patents that cover the shape and look of its mobile devices.

"Not content to copy the overall design and interface, Samsung has copied the smallest detail of the iPhone," Apple counsel Harold McElhinny said in opening arguments on Thursday. "Samsung copied our original and iconic design."

Samsung countered that it is also known for its design and innovation. "Samsung has been in this industry, building and innovating to the point where Apple could enter the market," Samsung lawyer Charles Verhoeven said during his opening remarks. "We are anything but an also-ran trying to copy Apple’s technology."

Pender is expected to announce his conclusions on October 5. Samsung's separate ITC case, largely concerning wireless 3G patents, will begin hearings next week. The decision in that case may come as early as September 14.

Meanwhile, a parallel federal lawsuit over these same issues is scheduled to begin July 30 in a California district court. Neither company was willing to budge on its position in the dispute in court-ordered mediation talks that took place last week.