U.K. judge: Samsung tablet not "cool" enough to be confused with iPad

Photos of the Galaxy Tab and iPad 2 in an Apple court document show the two tablets as similar in appearance.
Scribd
In this Aug. 25, 2011 file photo a lawyer holds an Apple iPad and a Samsung Tablet-PC at a court in Duesseldorf, Germany. A Duesseldorf state court said Friday, Sept. 9, 2011, it would not allow Samsung, based in Seoul, South Korea, to market its Galaxy Tab 10.1 in Germany because it too closely resembles the iPad2.
Sascha Schuermann

(CBS News) Samsung has learned that being uncool can actually get you out of a legal battle against Apple - in the U.K, at least.

In a ruling by Judge Colin Birss, the U.K. high courts has favored South Korean electronics giant Samsung in a patent infringement lawsuit because its Galaxy Tab 10.1 is "not as cool" as an Apple iPad.

According to the Guardian, Judge Birss said of the Samsung Galaxy Tab 10.1: "They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool. The overall impression produced is different."

The ruling means that Samsung can continue to sell the Galaxy Tab in the U.K. Apple has 21 days to appeal the decision.

Samsung and Apple are in a high-stakes intellectual property battle that spans multiple continents. In 2011, Apple won a preliminary injunction in Germany, temporarily halting the sales of the Samsung Galaxy Tab 10.1. Similar lawsuits have been filed in Europe, Australia and Asia.

Samsung Galaxy Tab 10.1 banned in Germany thanks to Apple
Samsung Galaxy Tab 10.1 pulled in Europe after Apple files suit
Samsung Galaxy Tab delayed in Australia because of iPad patent
Apple wins injunction against Samsung Galaxy Tab 10.1

Apple recently won a temporary injunction against Samsung Galaxy Tab 10.1 in the U.S. - banning the sale of the tablet until the case is decided.

"Samsung welcomes today's judgment, which affirms our position that our Galaxy Tab products do not infringe Apple's registered design right," the company said in a statement given to the Guardian. "As the ruling proves, the origins of Apple's registered design features can be found in numerous examples of prior art."

Apple declined to comment on the current case, but reiterated a previous statement: "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. 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."