U.K. Judge Says Galaxy Tab Doesn't Violate iPad Design Because It's 'Not As Cool'
Samsung can rest easy today after a U.K. judge rejected Apple's request to ban sales of the Galaxy Tab 10.
Judge Birss disagreed with Apple’s claim that Samsung’s tablet violated patents of Apple’s design because Samsung’s offering was not as “cool” as the iPad, therefore few would confuse the two devices despite their similar appearance.
"They do not have the same understated and extreme simplicity which is possessed by the Apple design," said Judge Birss.
"They are not as cool," he said. "The overall impression produced is different."
Apple declined to comment on the U.K. case specifically, only saying that there was “no coincidence” that Samsung’s products so closely resembled theirs. Samsung on the other hand issued a statement calling out Apple for hindering advancement in the industry.
"Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited."
Surprisingly neither side commented on the Judge’s reasoning behind dropping Apple’s claims. I’m not familiar with another case where the Judge decided against patent infringement because one of the parties involved was not as “cool” as the other. The judge might have inadvertently supplied Apple with some advertising fodder.