U.K. Colin Birss ruled that Samsung’s Galaxy Tab doesn’t infringe of Apple’s iPad design because — Samsung’s Galaxy Tab isn’t cool enough to be confused with the iPad. Bloomberg has the quote:
The Galaxy tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design,” Birss said. “They are not as cool.”
Apple has called Samsung a copyist, alleging their manufacturing partner simply apes everything Apple does in an attempt to grow market share by being the most Apple-like of the non-Apple alternatives. Attempts between Apple CEO Tim Cook and Samsung CEO Choi Gee-Sung to negotiate a settlement have failed. Apple has since won some temporarily injunctions in the U.S. over patents.
Although Samsung has been going in different directions recently, it’s undeniable they’ve copied Apple designs to a ludicrous extent in the past, though it’s far from certain doing so was illegal, let alone the primary reason for their success.
The late Steve Jobs famously called Android in general “grand theft” and vowed to go “thermonuclear” on them in court. Tim Cook has been cooler but no less serious, saying Apple can’t be “developer to the world” and that competitors need to invent their own stuff.
Samsung is a giant company that makes everything from tablets to phones to refrigerators. Refrigerators tend to look remarkably alike. I wonder if anyone at Samsung even though twice about their smartphones or tablets looking like Apple’s? or if they thought making them look alike was actually a feature — a benefit to users? Did they even think Apple would sue over trade dress?
How many refrigerator companies sue each other over design?
annecaraway: Samsung Galaxy Tab not cool enough to infringe on iPad, according to U.K. judge
Apple and Samsung have probably been more bitter adversaries in courtrooms than even the race for market domination. their patent wars have led to litigations and injunctions throughout the world, from Australia to Germany, and now in the US.
Now, Apple has just won an appeal from a federal court in the US that could lead to the Samsung’s flagship tablet, the Galaxy Tab 10.1, being taken off American store shelves by June. a California court had found Apple’s claims of iPad design patent violations leveled against the Galaxy Tab invalid a couple of months back, but the US Court of Appeals for the Federal Circuit chose not to uphold the Californian court’s ruling. “Circuit Judge Kathleen O’Malley argued that the CAFC should have reversed the decision in order to provided Apple with immediate injunctive relief in light of the irreparable harm it is suffering. but the majority of the judges saw no reason to believe that there will necessarily be delay, or if there is delay that it will be unjustifiable.” - Florian Mueller, in his blog for FOSS Patents. Apple wants the ruling judge, Lucy Koh, to expedite the ruling for the injunction, as there had been multiple hearings about this matter already at the end of last year. there have been settlement talks ordered between the two companies, but it’s an almost foregone conclusion that nothing much will come out of them. If the injunction is enforced after all, Samsung will have to change the design of its premier Android tablet. Samsung already has previous in this regard, as it had been forced to modify the Tab 10.1 in Germany as well (thanks to a separate injunction filed through Apple), and create what it called the ‘Galaxy Tab 10.1N’ instead. [via Apple Insider]
Apple files for an injunction against the Samsung Galaxy Tab 10.1 again
While awaiting the results of several lawsuits lodged against rival Samsung in some European countries, Apple was dealt a blow this week by losing a similar design infringement claim against small Spanish tablet PC maker, NT-K.the lawsuit was similar to the one the California-based company filed against Samsung in a bid to ban the sale of the Galaxy Tab 10.1 in Germany. Apple claimed NT-K copied the design of the iPad and infringed its design patent as the Spanish company’s rectangular-shaped tab has similarities in terms of its flat front surface with the rounded corners, and the way in which app icons are displayed when the device is switched on.
From left, Apple’s iPad 2, NT-K’s Pad A91, and the Samsung Galaxy Tab 10.1
According to Reuters and other foreign media on Thursday, the Spanish court ruled on Wednesday that the Android-based tablet PC did not infringe on Apple’s design patent. the court ruling overturned the preliminary injunction banning the sale of NT-K’s tablet, in November last year. NT-K is now planning to counter-sue Apple for lost profits over the last year and demand compensation for the damage dealt to its reputation, it said. Meanwhile, Apple has won the legal battles for preliminary injunctions against Samsung Galaxy Tab 10.1 in Germany and Australia banning the sale of Samsung’s devices there. “As the lawsuit [with the Spanish company] shows, it can hardly be said that Apple owns the design patents it claims. we expect this will have positive effect for us in future litigation,” said a spokesperson at Samsung.
The Chosun Ilbo (English Edition): Daily News from Korea – Apple Loses Legal Battle with Spanish Tab-Maker