A UK judge has thrown out a case in which Apple alleged Samsung’s Galaxy Tab 10 infringed the design of the iPad, saying that the two tablets could not be confused because the Tab was not as “cool” as the iPad.
The BBC reports that High Court Judge Colin Birss said the two appeared superficially similar but the Samsung tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design.
“They are not as cool,” he said. “The overall impression produced is different.”
Apple, which was hoping to block the sale of the Galaxy Tab in the UK, now has 21 days to appeal against the judgement.
The BBC reported that Samsung welcomed the ruling in a statement, saying: “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.”
Apple, in a statement, repeated its view that there was no “no coincidence” that Samsung’s latest products resembled the iPhone and iPad.
Late last month a US judge issued a preliminary injunction on the sale of Samsung’s Galaxy Tab 10.1 in that country, with District Judge Lucy Koh saying that Samsung was “competing unfairly” by saturating the market with products that are infringing on the designs of others.
Apple is a prolific litigator and has several cases pending in many countries, including two scheduled in Germany for August 31 (against Samsung) and September 21 (against Motorola) for allegedly infringing upon its multitouch patent.