A British Judge has just given Samsung perhaps one of the biggest back-handed comments I’ve ever seen. Like the situation here in the States, Apple has sued Samsung over patent and even the design of the Galaxy Tab 10.1 in the UK. There’s only one difference, in the States, a US Judge slapped a ban on the Galaxy Tab and even refused the appeal from Samsung. In the UK, things have progressed a little differently. While Samsung was “sort of” victorious, in that they didn’t have their tablet banned, the reasoning for not banning the tablet is because it’s not as cool as the iPad.
UK Judge Colin Birss said that Samsung didn’t violate any registered design patents because the Tab 10.1 is thinner and has more “unusual details” on the back. On top of that, it’s not as simplified as Apple’s iPad and ultimately, not as cool. Apparently because it’s not as cool, “no one would ever” mistake the two.
So while it’s great for Samsung to not have a product banned, it’s a little embarrassing to have a Judge’s statements picked up world-wide citing that their product is not on the same level as the iPad. Samsung however, regardless of the comment, is happy with the ruling.
Apple can still appeal the decision within 21 days, which it will mostly do. While I’m not an attorney, nor a judge, I have to ask, when did “popularity” become a creditable detail on which to base a decision that regards a patent or design?