Judge Says Galaxy Tab Not “Cool” Enough To Infringe iPad
UK judge says Samsung design is sufficiently different from Apple rival
Samsung has been handed a slightly insulting boost by a UK judge who ruled that the design of its Galaxy Tab 10.1 could not possibly be confused with that of the Apple iPad because it isn’t “cool” enough.
Judge Colin Birss made the claim in the latest leg of a worldwide legal battle between the two companies.
Birss made the ruling after Samsung asked the UK High Court to rule that its tablet did not infringe Apple’s design patents, a move which led Apple to launch a counterclaim.
Just not cool enough
He said that the Galaxy Tab lacked the same “understated and extreme simplicity which is possessed by the Apple design”, adding rather bluntly that “they are not as cool.” Samsung has welcomed the decision, saying it proves that its product does not infringe Apple’s design rights, although the iPad manufacturer has 21 days to appeal.
The Korean manufacturer received a boost on Friday when the United States Court of the Federal Circuit granted it a temporary stay of Apple’s preliminary injunction against the sales of the Samsung Galaxy Nexus in the country, but not the Samsung Galaxy Tab 10.1. Apple has until Thursday to appeal the former decision, something which it is widely expected to do.
Apple won injunctions against both devices at the US District Court for the District of Northern California pending a ruling to see whether Samsung infringed its patents. The court found that the Samsung Galaxy Nexus caused Apple to suffer “irreparable” damages over a patent related to Siri.
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