Briss Colin Judge, Patent Court of the Superior Court of Justice in London, rejected the complaint filed by Apple against Samsung Electronics in finding that the tablets of the South Korean company "are not as cool" as the U.S. multinational, therefore not be infringed the design right.
As stated in the judgment, which includes Europe Press, although Samsung Galaxy tablets "are very, very similar" in design to the Apple iPad "are not identical", so "do not infringe the registered design "by the company on the block.
Briss notes that Samsung devices are characterized by a "general simplicity," although "not so extreme" like Apple's designs, so that "an informed user is not merely that the Galaxy tablets look like a version finest (the iPhone) but she looks like a different product. "
"The overall impression of an informed user is that the front part of a family that includes the design of Apple and Samsung are the products of very fine, almost insubstantial members of the same family with unusual details in the back. They have the same extreme simplicity of the design of Apple, not so cool. The overall impression is different, "argued the judge.
For this reason, the judge rejected the claims Briss Apple to declare that the tablets Galaxy 10.1, 8.9 and 7.7 of Samsung infringed her right to the design.
