Samsung Galaxy Tab 10.1 Escapes Ban in the U.K.; Judge Says 'not as cool' as iPad

[dgstorm]

Apparently, the judges in the United Kingdom have a bit more sense than some of the judges in the United States. U.K. Judge Colin Birss, denied Apple's requested ban on the Samsung Galaxy Tab 10.1. He indicated that consumers were unlikely to confuse the Galaxy Tab 10.1 with the iPad because the Galaxy Tab is "not as cool" as the iPad. Here's a 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.”

While his taste in tablets could be debated, his point is perfectly valid; that Apple is highly unlikely to be harmed at all by the presence of the Galaxy Tab 10.1 in the market. Most consumers are informed enough to know the difference between the tablets, because the Apple iPad is so well known. Additionally, the judge decided Samsung’s products were distinctive enough because they are thinner and have “unusual details” on the back.

Samsung made the following statement in regards to the ruling, “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."

The judge gave Apple 21 days to file an appeal if they choose to do so.

Source: Bloomberg

 

[skennelly]

Just goes to show how messed up the judicial system is. The rulings all depend on who the judge is, what kind of day they are having, and their interpretation of the law.

 

[johnomaz]

Just goes to show how messed up the judicial system is. The rulings all depend on who the judge is, what kind of day they are having, and their interpretation of the law.

Exactly, it has a lot to do with their opinion.

 

[zomnomnombie]

That's why it's called legal opinion and why we have judges, to opine.

What I'm more interested in is whether Samsung tried to emphasize that point or whether the judge came to that conclusion after all was said and done.

 

[welsalex]

That's why it's called legal opinion and why we have judges, to opine.

What I'm more interested in is whether Samsung tried to emphasize that point or whether the judge came to that conclusion after all was said and done.

I can only see it as both those things happened

 

[jerkwad]

I'm all for competition and Apple being told to "stfu, you didn't invent everything with four sides and a screen" BUT to have a judge say "we aren't going to ban this item because it isn't as cool" is absurd...the law should not be based off of what is "cool" or not. It should be based off of, oh I don't know, a set of rules and regulations that are define-able and enforceable on a consistent basis across multiple people and personalities, etc. I am JUST as concerned that judge(s) are using the "cool" factor as an argument in FAVOR of Android because it can JUST as easily be used the other way (and across different devices - and not just phones and tablets). I would actually be a little ashamed if I were a judge (or worked in any area closely related to such) because when judges decide cases on it's "cool" factor/merit and stop determining cases based on facts and laws and precedents set forth by previous cases (and there have been many already) - we should all look at our collective (patent) courts as absolute jokes regardless of which operating system you choose to support.

 

[cturcotte224]

I wonder, if Apple actually launches the rumored 7" iPad, if Samsung, Google or Amazon will sue them for it looking to much like their 7" tablets

 

[akhenax]

Sooooo, the Samsung Galaxy Nexus was banned because it is cooler than the iPhone. Gotcha!

Yes, I know it's two different topics, but piggy backs off the fact that law is based on judges opinion. I think technology based patent judicial proceedings, such as these, should be held with both a judge and a JURY to decide if something is "cooler" than another thing, or more rightly so, if one piece of technology infringes on another.

 

[meishkov]

So the Galaxy Tab isn't as cool because it isn't extremely simple? Typical apple customer that judge

 

[meishkov]

I'm all for competition and Apple being told to "stfu, you didn't invent everything with four sides and a screen" BUT to have a judge say "we aren't going to ban this item because it isn't as cool" is absurd...the law should not be based off of what is "cool" or not. It should be based off of, oh I don't know, a set of rules and regulations that are define-able and enforceable on a consistent basis across multiple people and personalities, etc. I am JUST as concerned that judge(s) are using the "cool" factor as an argument in FAVOR of Android because it can JUST as easily be used the other way (and across different devices - and not just phones and tablets). I would actually be a little ashamed if I were a judge (or worked in any area closely related to such) because when judges decide cases on it's "cool" factor/merit and stop determining cases based on facts and laws and precedents set forth by previous cases (and there have been many already) - we should all look at our collective (patent) courts as absolute jokes regardless of which operating system you choose to support.

Oh I'd have to say it's been going on awhile. The judges and courts have been jokes for quite some time now, it's just easier now to see how they're idiocracy is ruining advancement because it's impacting highly popular and useful devices nowadays.