Well what do you know, it appears that over here in the United Kingdom, our courts aren’t so fond of coming down on the side of Apple like US courts are so fond of doing. I’m sure most know that Apple is attempting to get Samsung tablets banned from sale across the globe, with Apple claiming The Samsung Galaxy Tab 10.1, Galaxy Tab 7.7 and Galaxy Tab 8.9 all infringe on the design of the Apple iPad.
However according to the guys over at Phone Arena by way of Pocket-lint, the UK courts are not all that convinced that Samsung Android slates look enough like the Apple iPad to consider a ban on sales in this country, and as such have sided with Samsung against Apple, meaning another loss for the fruity flavoured company.
The High Court dismisses Apple’s arguments by referring to roughly fifty prior art examples, or designed that have been patented before 2004, and includes the 1994 Knight Ridder, the 2004 Ozolin, and the 2003 HP TC1000, and also found that numerous Apple design features ‘lack originality.’
Apparently the court also found ‘distinct differences’ between the iOS slate and Samsung tablet designs that the court claims are apparent to the naked eye, such as the front surface design and side profile thinness, whilst the most valid difference where in rear surface design, and Sammy was found to have leveraged rear design conditions to clearly differentiate their tablet offerings via ‘visible detailing.’
Obviously over in the United States Samsung didn’t fair as well, as the Samsung Galaxy Tab 10.1 was banned over the pond, but at least Sammy now knows here in the UK they get a fair shake and can continue to offer their products, as the court says they don’t resemble the iPad, something no bout will get right up Apple’s nose.