Samsung ruled "not cool"

Samsung did not copy Apple’s iPad, High Court finds.

London’s High Court yesterday dismissed Apple’s claims, made last year, that the Korean manufacturer’s Galaxy Tab infringes the iPad design. Samsung’s designs did not have "the same understated and extreme simplicity which is possessed by the Apple design", Judge Colin Birss QC ruled. "They are not as cool."

The ruling is part of an ongoing global conflict over intellectual property between Apple and manufacturers of tablet computers and smartphones using Google’s Android mobile operating system.

The court found two major design differences between Samsung’s and Apple’s models. Galaxy Tabs were significantly thinner than the iPad designs, while the back detailing also distinguished Samsung’s design. "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", the judgement noted.

The judge said that it was unlikely that consumers would confuse the two designs. "The overall impression produced is different."

Samsung is the manufacturer of the most significant rivals to Apple’s iPhone and iPad. Its response to the ruling accused Apple of "ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments".

A spokesman for Samsung highlighted the computer’s distinctive back design, "a part of tablets that allows designers a high degree of freedom for creativity".

This is the second defeat for Apple in the British courts in less than a week. On Wednesday it lost a dispute over technology patents to HTC. The High Court found that the Taiwanese Android manufacturer had not infringed the patents, or that in covering "obvious" iPhone features, they were invalid.

Apple did not comment on the specific ruling, but repeated its earlier claims against Samsung. "This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property when companies steal our ideas", a spokesman for the US company said.

Apple has been given 21 days to appeal against the British ruling.

Not cool. Photograph, Getty Images.

En Liang Khong is an arts writer and cellist.

Follow on twitter @en_khong

Photo: Getty
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Who will win the Copeland by-election?

Labour face a tricky task in holding onto the seat. 

What’s the Copeland by-election about? That’s the question that will decide who wins it.

The Conservatives want it to be about the nuclear industry, which is the seat’s biggest employer, and Jeremy Corbyn’s long history of opposition to nuclear power.

Labour want it to be about the difficulties of the NHS in Cumbria in general and the future of West Cumberland Hospital in particular.

Who’s winning? Neither party is confident of victory but both sides think it will be close. That Theresa May has visited is a sign of the confidence in Conservative headquarters that, win or lose, Labour will not increase its majority from the six-point lead it held over the Conservatives in May 2015. (It’s always more instructive to talk about vote share rather than raw numbers, in by-elections in particular.)

But her visit may have been counterproductive. Yes, she is the most popular politician in Britain according to all the polls, but in visiting she has added fuel to the fire of Labour’s message that the Conservatives are keeping an anxious eye on the outcome.

Labour strategists feared that “the oxygen” would come out of the campaign if May used her visit to offer a guarantee about West Cumberland Hospital. Instead, she refused to answer, merely hyping up the issue further.

The party is nervous that opposition to Corbyn is going to supress turnout among their voters, but on the Conservative side, there is considerable irritation that May’s visit has made their task harder, too.

Voters know the difference between a by-election and a general election and my hunch is that people will get they can have a free hit on the health question without risking the future of the nuclear factory. That Corbyn has U-Turned on nuclear power only helps.

I said last week that if I knew what the local paper would look like between now and then I would be able to call the outcome. Today the West Cumbria News & Star leads with Downing Street’s refusal to answer questions about West Cumberland Hospital. All the signs favour Labour. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.