UK Judge rules against Apple in Samsung patent case, claims Galaxy Tabs ‘are not as cool’

Reports from last week noted that Samsung’s attempt to lift Apple’s preliminary injunction placed on the Galaxy Tab 10.1 in the United States was rejected by District Judge Lucy Koh. Today, in Apple’s ongoing patent cases with Samsung in the United Kingdom, Bloomberg reported Judge Colin Birss ruled against Apple, claiming Sammy’s Galaxy Tabs “are not as cool.” It is hard to imagine Apple losing in any more of a complimentary way, as Judge Birss claimed his decision was based partly on the fact Galaxy tablets “do not have the same understated and extreme simplicity” as iPad.

The Galaxy tablet doesn’t infringe Apple’s registered design, Judge Colin Birss said in a ruling today in London. He said that consumers weren’t likely to get the two tablet computers mixed up.

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.”

The company provided a full email statement regarding today’s decision (via Pocket-lint). Samsung explained the court referred to roughly 50 pieces of prior art when dismissing Apple’s case:

Read more

Apple posts $2.6M bond to begin preliminary injunction on Galaxy Tab 10.1

There were reports earlier this week that District Judge Lucy Koh issued a preliminary injunction on the Galaxy Tab 10.1 in the United States related to the ongoing cases between Apple and Samsung. At the time, reports claimed the ruling would kick in once Apple posted a $2.6 million bond. Today, FossPatents reported that Apple has since done so, allowing the preliminary injunction to formally take effect:

Apple didn’t hesitate to post its $2.6 million bond to protect Samsung against the possibility of a successful appeal, in which case the preliminary injunction would be found to have been improperly granted… the injunction has taken effect and Samsung must abide by it. Otherwise Apple could ask the court to sanction Samsung for contempt.

With Apple pulling $39.2 billion in revenue last quarter, we know it takes only a matter of minutes to make that $2.6 million, which is meant to protect Samsung from damages in case the injunction is found to be wrongly issued. On Tuesday, Judge Koh made a statement following her ruling that Samsung “does not have a right to compete unfairly, by flooding the market with infringing products.” FossPatents continued by giving its outlook for the trial set to take place this summer:
Read more

Benchmarked: New iPad’s A5X vs iPad 2’s A5 vs Tegra 3

At the launch of Apple’s third-gen iPad, the company’s Marketing Chief Phil Schiller claimed the device’s new A5X processor with quad-core graphics provided up to 4x the graphics performance of NVIDIA’s Tegra 3 chip. Schiller also claimed the new chip provided 2x the graphics performance of the iPad 2’s A5 chip. NVIDIA was skeptical of the benchmark data behind the claims, but early benchmarks seemed to show A5X outperforming a Transformer Prime running Tegra 3 in the majority of tests.

New benchmark data provided by IGNshows the iPad 2’s A5 chip outperforming both the A5X and Tegra 3 with the A5X’s improved graphics going largely toward powering the new iPad’s high-resolution Retina display of 3.1 million pixels. The A5X shows a significant increase in performance over iPad 2 and Tegra 3 devices only when the chip is not forced to power the Retina display in “off-screen” benchmarks.

Read more

Samsung didn’t “slavishly copy” iPad, High Court rules and gives Galaxy Tab 10.1 a go-ahead in Australia

Today is a bad day for Apple’s legal sharks. First Motorola Mobility scores a ruling in Germany which has paved the way for a Europe-wide injunction on sales of Apple’s iOS devices and now High Court in Australia denies Apple’s request to appeal against an earlier decision which overturned the ban on Galaxy Tab 10.1 sales in Australia.

Put simply, the country’s highest-level legal instance has ruled that no, Samsung’s tablet does not “slavishly copy” Apple’s iPad, as the Mac maker argues in court documents. The Federal Court honored Apple’s recent request that its injunction against the Samsung tablet remain in effect until today at 4pm in order to allow Apple time to prepare an appeal.

According to the Sydney Morning Herald, Tyler McGee, vice-president of telecommunications for Samsung Australia, said customers in Australia will be able to pick up the Galaxy Tab 10.1 tablet “towards the latter part of next week”. Also…

Read more

Federal Judge lifts Samsung Galaxy Tab ban in Australia, Apple appeals

A new twist in the Apple vs. Samsung legal proceedings spanning more than two dozen lawsuits across continents as the Federal Court in Australia lifted sales ban on Samsung’s Galaxy Tab tablet today. The court unanimously overturned a ruling last month from Justice Annabelle Bennett which required that Samsung’s Galaxy Tab 10.1 be banned from sale in Australia.

Sydney Morning Hearld quoted the ruling:

Samsung will be permitted to launch the Galaxy Tab 10.1 in Australia provided it keeps accounts of all transactions involving that device in Australia.

Samsung’s Australian subsidiary says it is “pleased with today’s unanimous decision”. Reacting to the decision, Apple plans on appealing to the High Court. The Federal Court also honored Apple’s request that its injunction remain in effect until Friday at 4pm, to allow the company time to prepare an appeal. A full hearing on copycat accusations is set for March 2012, which could still result in a permanent injunction.
Read more

Apple vs. Samsung is about ecosystems, not tablets or patents


Apple has made its concerns official. The iPhone maker fears Samsung tablet will lure consumers away from the powerful iTunes ecosystem. Apple’s been successfully leveraging iTunes to tie people to the platform through app and entertainment content sales.

The heated Apple vs. Samsung legal battle over who’s copying who is really about the ecosystem rather than the hardware or the patents. That’s the gist of today’s hearing before the Federal Court in Sydney related to an Apple-requested ban on sales of Samsung’s Galaxy Tab 10.1 tablet in Australia. According to Smh.com.au, lawyers for Apple argued that the launch of the Galaxy Tab 10.1 could take away iPad 2 sales so quickly that buyers may be “seduced” from the iOS platform.

It’s all about the apps and the broader ecosystem, Apple’s legal team told Justice Annabelle Bennett, arguing the Galaxy Tab 10.1 “is vastly the one that is going to be targeting the iPad 2″. IDC numbers released today suggest that that tablet shipments to Australia and New Zealand doubled sequentially in the June quarter, which the research firm attributed to an influx of Android tablets recently released into those markets.

Apple’s lawyers then resorted to the “fire hose” metaphor to make their case:

This is going to be launched on the market with the velocity of a fire hose and it is going to just come in and take away iPad 2 sales so quickly that by the time we get to final hearing the full impact of the patent infringement will be to the detriment of Apple and to the benefit of Samsung.

And this bit about the battle of ecosystems:

They’ll then be Android people and the investment in the apps that they make to purchase on their Galaxy Tab will be something they can’t use on an Apple product.

Read more