US judge decides Galaxy Tab infringes Apple patents

A US judge has ruled that Samsung's Galaxy Tab infringes Apple patents relating to the iPad, but added that Apple must prove the patents are valid, in another twist to the long-running legal saga.

The decision means Apple could achieve the ban on Galaxy Tab sales it first requested in April in the US.

However, patents expert Florian Mueller explained to V3 that the design patents under which Apple has filed its preliminary injunction are so broad it could be hard for Apple to convince the judge they are being infringed.

"The three design patents Apple asserts are rather broad in scope because they cover rather basic shapes due to Apple's minimalist design style. Laying exclusive claim to basic shapes is problematic," he said.

"But if those design patents are valid, then it would be a long shot for Samsung to argue that it doesn't infringe those rights."

Samsung's attorney, Kathleen Sullivan, said the judge's decision to ask Apple to show that its patents are valid proves that there is clear doubt about the legal case.

"We think we've clearly raised substantial questions," she said at the hearing in California.

V3 contacted Samsung for further comment but had received no reply at the time of publication. Apple also failed to reply.

Although the burden of proof has now fallen on Apple, the judge in the case, Lucy Koh, demonstrated just how similar Samsung's tablet is by asking the firm's legal team to identify the Galaxy Tab when it was placed next to the iPad in court.

Sullivan said she was unable to do so from her position some 10 feet anyway. Eventually, another Samsung lawyer was able to identify the right device, provoking a withering line from Koh.

"It took a long time to make that distinction," she said.

Apple has already secured a victory in Australia to ban sales of the Galaxy Tab, while another key decision is expected in the Netherlands on Friday in a case brought against Apple by Samsung over the use of 3G technologies in the iPad and iPhone products.