UK Judge Rules Samsung Tablets 'Not as Cool' as iPad

[entatlrg]

As of right now, you're right. I don't think it will be the case for too much longer though. You think that the only reason people don't have an ipad, iPhone, ect is because they can't afford it, but that's not all the case. Some people like customization and being able to do what they want to with their product. Others, like myself, have steered away from the company due to their bullying and petty litigation thuggery. That said, they make great products. There are products being made outside of Apple that are just as, if not more, good when it comes to wowness factor.

1. Ignorance is Bliss
2. Do your research
3. Understand business.

 

[Rm.237]

Judge: Come on, Samsung! What's Apple like?
Samsung: Cool?
Judge: Correctamundo!

 

[needfx]

COOL

The best way to say something is neat-o, awesome, or swell. The phrase "cool" is very relaxed, never goes out of style, and people will never laugh at you for using it, very conveniant for people like me who don't care about what's "in."
Homestar is cool.
The Red Sox are cool.
Twinkies are cool.
The iPad is cool. Samsung Galaxy Tablets, not as much.

http://www.urbandictionary.com/define.php?term=cool

 

[applesith]

This needs to be in an iPad commercial.

 

[samcraig]

Can anyone lend this man a sense of humour?

I have a great sense of humor/humour thanks I just think it's a meaningless comment from a judge that will be given too much meaning to the people here who want to high five each other. In truth - the verdict, in favor of Samsung is what's important and ultimately a b*tchslap to Apple.

 

[kalsta]

The phrase "cool" is very relaxed, never goes out of style, and people will never laugh at you for using it…

Unless you're a court judge! Or perhaps we're laughing with him. Anyway, I happen to think it's very cool that he was prepared to put that on the record.

 

[stordoff]

This headline doesn't tell the whole story. You need to read the judgement in full to appreciate what the Judge said. It's sloppy journalism to sensationalise the story in this way. I'm not a fan of 9 to 5 Mac but at least they have taken the time to quote the judgement in full.

Samsung v Apple, [2012] EWHC 1882 (Pat), at 189-191, explains the decision reasonably well without needing to read the entire ruling:

This case illustrates the importance of properly taking into account the informed user's knowledge and experience of the design corpus. When I first saw the Samsung products in this case I was struck by how similar they look to the Apple design when they are resting on a table. They look similar because they both have the same front screen. It stands out. However to the informed user (which at that stage I was not) these screens do not stand out to anything like the same extent. The front view of the Apple design takes its place amongst its kindred prior art. There is a clear family resemblance between the front of the Apple design and other members of that family (Flatron, Bloomberg 1 and 2, Ozolins, Showbox, Wacom). They are not identical to each other but they form a family. There are differences all over these products but the biggest differences between these various family members are at the back and sides. The user who is particularly observant and is informed about the design corpus reacts to the Apple design by recognising the front view as one of a familiar type. From the front both the Apple design and the Samsung tablets look like members of the same, pre-existing family. As a result, the significance of that similarity overall is much reduced and the informed user's attention to the differences at the back and sides will be enhanced considerably.

The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool. The overall impression produced is different.

The Samsung tablets do not infringe Apple's registered design

 

[ozaz]

With the avalanche of patent lawsuits involving Apple, we try to restrict our coverage to the most significant developments such as issued injunctions, final settlements, and monetary awards.

What you report is still more than I care to know.
Why not create a patents/legal Blog to keep this stuff off the front page?

 

[Kludge420]

Apple suing them makes me want to buy one.

 

[buslertq]

Idiocracy

I wonder if ruling on a murder trial where the defendant was guilty, the Hon. Colin Birss finds him "totally lame, bro."

 

[kalsta]

I have a great sense of humor/humour thanks I just think it's a meaningless comment from a judge that will be given too much meaning to the people here who want to high five each other. In truth - the verdict, in favor of Samsung is what's important and ultimately a b*tchslap to Apple.

You're over-thinking this.

Yeah okay, the Apple fanboys will quote it ad-infinitum, while the Fandroids will get up in arms over it. But most of us will just have some fun with it and move on.

 

[69650]

Samsung v Apple, [2012] EWHC 1882 (Pat), at 189-191, explains the decision reasonably well without needing to read the entire ruling:

I think this explains it a little better....

“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.’

“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.”

The court’s decision, according to Samsung, appears to be largely based on “unusual details” on the back of the Galaxy Tab and its overall thinner design. Judge Birss is giving Apple 21 days to appeal the ruling.

 

[GenesisST]

I did read the article.

A little literary license in the service of humor.

Obviously unsuccessful.


BTW...thanks for the advice. I'll try to do better in the future.

I take people who make bad/missed jokes over someone that is always serious any time!

 

[hickabob]

While it's "cool" and all that he said this, Apple didn't file a lawsuit for affirmation... They already knew their product was cooler, their bank account told them that

 

[SirLance99]

The judge also said this:

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

 

[anilkuj]

I think this explains it a little better....

“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.’

“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.”

The court’s decision, according to Samsung, appears to be largely based on “unusual details” on the back of the Galaxy Tab and its overall thinner design. Judge Birss is giving Apple 21 days to appeal the ruling.

Here is the source article.

http://www.pocket-lint.com/news/46416/samsung-statement-apple-court-ruling-britain

 

[whooleytoo]

This needs to be in an iPad commercial.

"The iPad. Legally cool." ?

I like it!

 

[Navdakilla]

Sounds like this Judge is a fanboy!

 

[bharatgupta]

thats why i hate copycat companies, chris pirillo is right the entire industry is like apple vs "everything else"

 

[wordoflife]

Wow, burned.
Not sure if the judge should've said that since it's just opinion.

 

[Adidas Addict]

 

[madmin]

Very interesting legal precedent... "coolness" as grounds for a legal decision!

Soon being a "geek" will be a defense for hacking.

The legal system, strange at best, is going in some odd directions!

IIRC, it's been over 20 years already since one of the earliest genuine computer system hackers to get caught and prosecuted pleaded not guilty on the grounds that he was already an addicted geek/hacker by the time the govt passed the relevant computer mis-use laws arguing that he was unable to subsequently control himself. He won, but his friends had already pleaded guilty and did time. Apparently, the young Brits were also barred from ever physically entering the US

 

[a.gomez]

glad to see common sense keeps prevailing in the UK - hopefully this will be the trend in the rest of Europe.

 

[powers74]

Legally Cool.

Dammit! whooleytoo beat me to it!

 

[roadbloc]

Not sure how the coolness of a product has any effect on the law, but I'm not a judge.