Following the recent loss gainst HTC, a UK court has thrown out Apple’s claim that its iPad design was illegally copied by Galaxy Tab maker, Samsung. The judge found that the design of Samsung’s three Tab devices doesn’t infringe Apple’s “registered” design, and ruled that consumers are unlikely to confuse them with the iPad.
Following the judgement, Samsung released a statement slamming Apple for its anticompetitive tactics, claiming… “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”.
And in response, though not specifically addressing this most recent failure, Apple’s spokesperson wrote… “It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad. This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property.”
Given the judge had just completed a comprehensive dismantling of Apple’s demonstrably flimsy case against its Korean competitor, the Cupertino tech titan looks to be in an advanced state of denial. Two back-to-back losses in the UK in about as many days certainly don’t look promising for a victory in the imminent patent battle in Germany.
Even Florian Mueller, notable Apple suck-up and anti-Android patent junkie, has allowed that Apple’s German hopes are looking grim. Not that it will prevent the iDevice vendor from appealing adverse verdicts, or starting new suits against ever more recent Andoid devices like Samsung’s SGS3. After all, they have much to gain if they fluke a successful ban here or there, and they have the industry’s deepest pockets to fund their marketing by litigation campaigns.
In an ironic twist, the hipster-gratifying iPad’s superior “cool-osity” factor seems to have worked against Apple, the judge noting that Galaxy tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design,” adding… “They are not as cool.” And he further found that Samsung’s products were distinctive because they were “thinner” and the backs had “unusual details”.
Apple has 21 days to lodge an appeal.