I was supposed to be on CNN last night to comment on the Apple v. Samsung  patent infringement trial that just started in San Jose, but then Mitt Romney insulted the Palestinians and I was bumped.  The way these things work is CNN calls the day before so I have time to think up something pithy to say. The question now is what to do with all that pith? So I’m dumping it on you. Consider this the long distance view of this legal battle in the context of what it really is — brands at war.

As a practical matter, I think it is very unlikely that Apple can win based on its accusation of […]