Samsung Galaxy Tab not cool enough to be confused with iPad, says UK judge

Samsung will be happy with the latest ruling in what seems to be an almost endless queue of legal battles with Apple over patent infringement. In this case, however, the company might not be so proud of the reasoning behind it. In the UK, Judge Colin Birss found Samsung not guilty of infringing upon Apple’s intellectual property when it comes to tablet design, reasoning that the Galaxy Tab was “not as cool” as Apple’s iPad. He also found that Samsung’s offering lacked the “understated and extreme simplicity” of the Cupertino-designed slate.

Still, being labeled as “not cool” is a lot better for Samsung and their Galaxy Tab than it would be to have the device pulled from shelves, as is the case in the US. Apple may still appeal the the latest decision, a move that would ironically find the company attempting to prove that Samsung’s tablet is indeed every bit as cool as the iPad in order to have sales of the Galaxy Tab banned in the UK.

[via Engadget]

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  • Nightfall

    I’ll take it…

  • peanutsrevenge

    That’s a compliment IMO, apple are about simple things for simple minds who crave fashion accessories, Android is more for people who work to make the world go round and need functional devices and have the brain power to use such devices.
    maybe I’m biased due to being British too along with some intelligence!

    • IronHorse01

      “apple are about simple things for simple people” wow kid do you know how ignorant you sound? I have an android, however some
      Of my good friends that are doctors and lawyers prefer the iPhone, and believe me I’m sure they’re a lot smarter than you ;)

      • Jonbo298

        Just because someone may be a doctor or lawyer doesn’t mean they are that smart in the end. They may be highly knowledgeable of their profession but that doesn’t always qualify as smarter than me for example.
        I’m very smart about some mortgage related things in my job. I’ve had people say they are accountants question numbers even after they are looking at the paper(s) themselves and we go line by line. Some people want simple regardless of their level of “smartness”. Some want to tinker more and don’t mind it not being as simple. I’m in the boat of Android being simple enough to satisfy me but at the same time I can do more of my needs with it. Emulators, videos, screen size, etc..

        • No_Nickname90

          My mom isn’t technologically smart, but she’s used both an iPod and she has an Epic 4G Touch. She thought the Epic Touch was cooler than the iPhone. I think she’s smart enough.

          LoL!! My main point is Android is simple enough. My mom compares it to a PC. How you have your desktop and your All Programs. She likes that. She finds it more better than the iPhone since the iPhone just threw all your apps on the front screen. She didn’t like the iPod that much since she always lost apps. LoL!!

      • Alexander Ramirez

        education =/= intellect

      • harold

        It’s called monkey see monkey do.Being a doctor or lawyer doesn’t made them tech smart.

      • No_Nickname90

        Most doctors don’t know how to fix there own computer. I went to the doctor for a checkup, and guess who was asking me what was wrong with her laptop? Guess who didn’t know that her laptop would scroll when you slid your finger on the far right side of the trackpad?

        But guess who doesn’t know what something-something-itis is? =.P

        • bob

          Are you kidding? Most Dr’s don’t even know how to be good Dr’s. LOL!

  • shitonastick

    Not being cool is the new cool

    • Alexander Ramirez

      I was uncool before being uncool was cool.

      • No_Nickname90

        So does that make you cool now since uncool is cool? *baffled*

        • Alexander Ramirez

          Nah, brah. I’m still uncool, it’s just that now it’s considered cool.

    • harold

      Amen

  • Prasad Tiruvalluri

    This is the actual Statement –
    In a ruling on July 9, 2012, the High Court of England & Wales sided with Samsung that the designs of the Galaxy Tab series of products are ‘different’ from an Apple tablet design, and do not infringe Apple’s Registered Community Design No. 181607-0001. Samsung products subject to this trial were the Galaxy Tab 10.1, the Galaxy Tab 8.9, and the Galaxy Tab 7.7.”Samsung had requested this voluntary trial in September 2011, in order to oppose Apple’s ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments. Apple has insisted that the three Samsung tablet products infringe several features of Apple’s design right, such as ‘slightly rounded corners,’ ‘a flat transparent surface without any ornamentation,’ and ‘a thin profile.'”However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004.”Equally important, the court also found distinct differences between the Samsung and Apple tablet designs, which the court claimed were apparent to the naked eye. For instance, the court cited noticeable differences in the front surface design and in the thinness of the side profile. The court found the most vivid differences in the rear surface design, a part of tablets that allows designers a high degree of freedom for creativity, as there are no display panels, buttons, or any technical functions. Samsung was recognised by the court for having leveraged such conditions of the rear surface to clearly differentiate its tablet products through ‘visible detailing.’

    • Bartek Andersson

      Is there a link?

    • Jonbo298

      That entire statement (if accurate) should be a part of the article. Dumbing it down to the words “not cool enough” doesn’t convey the real details behind the ruling. At least he recognizes prior art unlike the actual patent office(s).

      • NIGHTSCOUT

        Ya, I didn’t see where the “not cool enough” part is….If this statement is accurate, then Kevin just lost some credibility.

        • Jonbo298

          It’s difficult to say. Engadget sourced it to Bloomberg which said this: ‘
          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.” So it seems like the judge himself dumbed down things from that statement and every news site is running with it. /shrug

          • No_Nickname90

            That sux. Why would blogs say that? A better summary would be Samsung’s design is noticeably different. I mean, that’s what I get from this. And also that Apple “copied” the design of previous things and STILL had them patented. Not trying to start a war with that.

    • TheWenger

      That’s awesome. I especially like the part where he says the court found numerous Apple design features to lack originality.

    • olbp

      Still not complete enough:

      Samsung had requested this
      voluntary trial in September 2011, in order to oppose Apple’s ongoing
      efforts to reduce consumer choice and innovation in the tablet market
      through their excessive legal claims and arguments. Apple has insisted
      that the three Samsung tablet products infringe several features of
      Apple’s design right, such as ‘slightly rounded corners,’ ‘a flat
      transparent surface without any ornamentation,’ and ‘a thin profile.’

      However, the High Court dismissed Apple’s arguments by referring to
      approximately 50 examples of prior art, or designs that were previously
      created or patented, from before 2004. These include the Knight Ridder
      (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found
      numerous Apple design features to lack originality, and numerous
      identical design features to have been visible in a wide range of
      earlier tablet designs from before 2004.

      Equally important, the court also found distinct differences between
      the Samsung and Apple tablet designs, which the court claimed were
      apparent to the naked eye. For instance, the court cited noticeable
      differences in the front surface design and in the thinness of the side
      profile. The court found the most vivid differences in the rear surface
      design, a part of tablets that allows designers a high degree of freedom
      for creativity, as there are no display panels, buttons, or any
      technical functions. Samsung was recognised by the court for having
      leveraged such conditions of the rear surface to clearly differentiate
      its tablet products through ‘visible detailing.’

      Samsung welcomes today’s ruling by the High Court, which affirms
      Samsung’s commitment to protect its own intellectual property rights
      while respecting those of other companies. Samsung believes Apple’s
      excessive legal claims based on such a generic design right can harm not
      only the industry’s innovation as a whole, but also unduly limit
      consumer choice.

      End quote.

  • MrDSL

    what about tv’s? I am tired of going into the electronic store only to see square tv’s that all look the same! this needs to be stopped!!

    • Fahim Yaqoob

      lol. u sir have said it right.

    • arathkone

      It’s been a long time since I last saw a square TV.

  • Modman

    Did Apple give the judge a free iPad?
    Most people who mock android tablets don’t even know what they are mocking and probably never used an android. Seems like Apple has mind control to me. Apple is afraid of people who can think for themselves and can figure out how to use more than one button. No judge its not less cool you just aren’t very computer savvy. Apple preys on people like you that can’t think for themselves. Apple is scared of the Android product because it’s power is unlimited. Hundreds of companies and independent developers are already pushing it to its limits. In the short time I’ve used android it went from versions e-j and apples has created squat new for ios. Android is also not dependent upon Google soon amazon and Facebook phones and tablets will take it in other directions. Apple has no confidence in its products and I believe will eventually suffer defeat at the hands of Android products. This force cannot be stopped. Evidently Apple has some sick agenda to destroy android. This gives me so much distain for Apple that no matter which company pulls the trigger to deal Apple its final blow, I will take pleasure in apples destruction as long as the blow is dealt with an Android product. This is America is represents free competition and no one including Apple has the right to take that away from anyone. Bribing judges stores and corporations to carry only their products and services is unconstitutional. Even if the majority buys their products people with computer knowledge are entitled to free will.

    • Quboid

      I don’t agree – the iPad is a lot cooler than any Android tablet. You talk about mind control and people who can’t think for themselves – these are the people who define what cool is! It’s people who aren’t very computer savvy who make up the bulk of opinion (the only objective measure of ‘cool’ that I can think of) and if they were impressed by our opinions, I’d be beating off hot chicks with a stick.

      I’d much rather have a Galaxy Tab than an iPad. If you gave me an iPad, I’d insincerely thank you, put it on eBay and buy an Android tablet with the money. I would be much happier with the Android tablet, but I’d also be less cool. Story of my life.

      The once huge gap between iPhone and Android phone is pretty much gone, even in only moderately computer savvy groups a top of the line Android phone will garner more interest than an iPhone, but for tablets, we have a long way to go.

      • CalypsoArt

        Agreed. I was recently given an iPad. In fact the company I was working for gave out about 100 iPads as a “thank you” to employees. I was one of the few who did not already have one as I’m in the android camp. I had planned to buy a Transformer later in the year, but decided to keep the iPad so I’d have frame of reference. On my first day with the iPad, EVERYTHING I wanted to do/customize was not possible. No Swiftkey! Apple does not allow overriding their keyboard. Everything else I was told would require a jailbreak. Now it’s pretty much an e-reader/picture viewer for me. That said, when I got to the trendy restaurants for breakfast or the hip hangouts I’m slightly more hip because I have an iPad. The iGeeks/hipsters of all ages have them and will talk to me. The iPad IS more cool because the celebs and purveyors of “cool” have them. And it does what they need. As a friend once said, “you’ve finally come over from the dark side. Now to get you an iPhone.” No, not really, as I place my RAZR MAXX on the table.

    • No_Nickname90

      Hmm… Did you just completely skip that dude’s post about the true ruling? The judge never did say that the Galaxy Tab was “uncool”. To summarize what he said, it stated that the tablets were noticeably different in design and that Apple had similar designs to other tablets that were already out AND PATENTED before 2004.

      And to add some fire to the cake, Apple was allowed to patent their design to the iPad.

  • http://www.facebook.com/rexmtorres Rex Mag-uyon Torres

    Lol! If the judge really said that, how will Apple appeal? “We object, your honor. Samsung Galaxy Tabs are as cool as our iPads!”

    • Alexander Ramirez

      ROFL! That would be hilarious.

    • Michael Thompson

      One wonders if the judge might have a twisted sense of humor to force Apple to say that the Samsung design has merit!

  • Modman

    Dude you make sick, I’m a Network engineer and doctors and lawyers need us because some brain surgeons are computer illiterate and from your stupid comment I can tell so are you. And yes sad to say there are some computer Engineers that by apples overpriced locked down inferior products and they make me ashamed. If you can’t see what apple is doing is wrong quit posting on phandroid. (not a Phandroid mod)

    • jaycemiskel

      I’m currently a medical student and have to say that although doctors are smart some really aren’t good with computers like you said. I however like to tinker with my devices so I’m in the group that is both smart and tech savvy. Most of my classmates use Apple devices though, they prefer simple.

  • Modman

    Innovation comes from those that try new technologies and think outside the box. Some people are experts at what they do but still not very computer savvy. People get comfortable with a product and are unwilling to try anything else. Apple has duped most of the public with genius marketing. Android is a much better product and it’s sad that half the people in the market will never know because they are unwilling to try anything new. In my opinion right now galaxy s3 is best phone on the market.

  • Fermbiz

    When first got the original Asus Transformer, I was constantly being asked in the subway on my way to work is that an iPad. I’ll have my head phones on watching a movie or something and people would tap me just to ask is that an iPad.

    • Jonbo298

      Make that into a challenge to find a non-sensical response every day.

  • fort

    The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004.”

    • No_Nickname90

      And Apple was still allowed to patented their design for the tablet. How sad. -_-

      • EarlyMon

        It’s a design patent – not a regular patent. Big difference.

  • J.C. Diaz

    All these rulings over the world regarding this issue, all the different decisions, and the reasoning behind each one of them demonstrate only one thing: judges are faced with a new type of problem and they have no idea how to deal with it.

    What this judge is saying is that Apple owns coolness and Samsung did not infringe because they didn’t create a product that’s cool.

    And as a side bonus, apparently Apple now own what the judge considers “extreme simplicity” also, so God forbid anyone should try to create a simple product.

    Somebody shoot me

  • Robert Manser

    Sound like team Samsung paidoff the judge. GO TEAM SAMSUNG,With Apples big head they probably took it as a victory.

  • NardVa

    I don’t understand how one country can rule Samsung infringed while another country say Samsung did not infringe. Either Samsung is copying Apple or they not.

  • http://www.facebook.com/profile.php?id=207600011 Mike Booth

    Touchwiz: So ugly that it can be used as evidence in cases.

  • endinyal

    Just cracks me up reading how you folks are trying to spin the “not cool” issue to make you feel better.

    While Samsung may have technically sided with Samsung, he essentially showed how much sheer garbage Android is, and he truly is right.

    The sad thing is you guys essentially continue the status quo by not requiring Google to do a better job with Android. That’s the really, really sad part. Very low standards.

    Now with Jelly Bean slowly making its introduction, what is Google making a big deal about? The little part about how much more “smoother” and “less jittery” the basic gui performance is when after all this time, you folks (in denial yet again) always said there is nothing wrong whatsoever with it.

    Very entertaining to see how you guys cherry-pick sentences.

    • Adam McIntosh

      You mad Android is leading the pack now in the mobile department.

      Yeah you mad.

    • Crimsonshadow774

      By the way take a look at the new iOS and tell me how amazing and innovative the features they stole from Android are. That’s about what 80% of the update is.

  • Modman

    Don’t care if it wasn’t as smooth before it’s irrelevant cause it is now. Unlike ifools I enjoy my freedom and have never been locked into iTunes and I everything. And buddy it is Apple that declared war on Android not the other way around. If Apple has such confidence in its products why is it still trying to destroy Android. Apple’s tyraid is only making people sick of Apple and it’s I products. Backfiring and long time ifans have bought Samsung Galaxy Note’s and galaxy s3s. Which some ifans said in this very forum iPhone 5 Would best. Talk is cheap and Apple is proving to be a patent troll bully coward. Despite what some would like to believe android predates iPhone. I believe the only thing better Apple ever had was advertising. More developers were originally on the Apple band Wagon cause it was pretty popular. Now that Androids popularity has grown apple is shaking in its boots and the only way it can cling to greatness is by banning the product WHIPPING ITS ASS. I never ever go on Mac forums. Can you fanboys for once get a life and stop trolling phandroid?

  • Modman

    Well I can see if it was free maybe but nah id just sell that overpriced thing and pay my rent for the month. Any so called hipsters and creative types are really hiding their emptiness and lack of creativity under the iPad. Most probably ignorantly have never even tried an android tablet. Sad nexus 7 and Iconia could probably outperform that overpriced piece of garbage. At least expensive stylish sports cars have some advantages over cheaper models. Apple is all show and I really don’t crave the company of blind apple followers. The Steve Jobs error has ended and whether or not android tablets rise to the top or not THE APPLE MONOPOLY IS OVER!

    • TCombel

      Come on. You can tell hipsters are creative because they all where the same shoes. In one of two colors.

  • Modman

    Like I said before Android tablets have been doing all the Innovating. Google and it’s partners just need to band together and get legally smarter because Apple is better at the bs legal game.

  • Zenstrive

    Dry british humour at work here

  • nick300

    Apple is full of crap.

  • Jacob Heiser

    Extreme simplicity? Hands Judge the iPad “What is the weather today?” “Uhhhh”