Judge Colin Birss ruled on Monday in London that consumers weren't likely to confuse the Galaxy Tab and iPad, according to Bloomberg. As a result, Samsung was found to not be infringing on Apple's patents.
"(Samsung's tablets) do not have the same understated and extreme simplicity which is possessed by the Apple design," Birss said in his ruling. "They are not as cool."
The judge found that Samsung's products were distinctive from Apple, as they are thinner and have "unusual details" on the back. The ruling is different from a decision in the U.S. last month, where Apple won a temporary injunction barring sales of Samsung's Galaxy Tab 10.1.
U.S. District Court Judge Lucy Koh found that Samsung did in fact infringe on Apple's design patents. She ruled that Samsung "does not have a right to compete unfairly by flooding the market with infringing products."
While Apple didn't find the same success in the U.K., the iPad maker does have 21 days to appeal the decision issued on Monday by Judge Birss.
Previously, Apple has successfully argued for temporary injunctions in Australia and Germany. Samsung dodged the German injunction by releasing a slightly-redesigned Galaxy Tab 10.1N. Meanwhile, the Australian ban was overturned last November.
128 Comments
I agree with the Judge's part about it not being [I]cool enough[/I] but just cause they do a shitty job of implementing the copy does not mean they did not steal the design. IMHO it is still enough to confuse the consumer -- hell their lawyers couldn't even identify which was Samsungs. If someone who is on the same team can't tell the difference is a consumer gonna take the time to look at the diffs -- I doubt it (not giving too much credit to lawyers in general here just that they are supposedly familiar with their product).
Half these 'judges' sound like they have been on the wacky backy. Since when was 'cool' a parameter with which to ascertain IP infringement !
So this is how the judge decides cases? Not on merit of infractions of IP and Patent violations but by it not being cool? Crazy. Well this judge is cool... that is, not so hot!
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I'm not......cool? :(
So to appeal does Apple have to admit to not being cool either, or will Samsung have to be cool??