Apple received a reality gut-check from the Düsseldorf Court in Germany over their patent dispute with Samsung according to Bloomberg.
Consumers are well aware that there is an original and that competitors try to use similar designs, so buyers are vigilant when looking at products. We don’t think that someone buys a Samsung (005930) to make his table neighbor at the coffee-house believe he owns an iPad. — Judge Johanna Brueckner-Hofmann.
Brueckner-Hoffman made an additional statement that the court believes Samsung has altered the design enough to avoid infringing on the legally protected design according to Reuters. Thankfully the court didn’t hold Samsung to the guidelines Apple’s lawyers set for a Galaxy Tab redesign.
• Shapes that are not rectangular with four flat sides or that do not have four rounded corners.
• Front surfaces that are not completely flat or clear and that have substantial adornment.
• Thick frames rather than a thin rim around the front surface.
• Profiles that are not thin relative to [Apple patent D'889] or that have a cluttered appearance.
To Samsung’s credit they’ve taken advantage of the situation and have started marketing the Galaxy Tab 10.1 in Germany as “the tablet Apple tried to stop.” Now only if Apple and these other tech companies would stop the frivolous lawsuits.
Source: Bloomberg and Reuters [via 9to5Mac]