Samsung Galaxy Tab 10.1 does infringe iPad patents in US

As Apple successfully launches its iPhone 4S phone today, it is also celebrating in US courts as a judge has ruled that the Samsung Galaxy Tab 10.1 does infringe on some of Apple's iPad patents. However, no injunction has been ordered as yet, and there is a question on the validity of some of those patents.

US District Judge Lucy Koh even went as far as denying the request to injunct the Samsung tablet on the grounds of a "utility" patent presented by Apple, but is taking three other "design" patents into consideration before giving her final judgement.

Apple, though, will have to prove that the patents it is basing its case on are valid under US law.

According to Reuters, Koh "characterised her thoughts on the utility patent as tentative", but claimed that a formal order would be issued "fairly promptly".

The case is also being brought against the South Korean company's Galaxy S 4G, the US equivalent of the Samsung Galaxy S II.

Earlier in the day (Thursday 13 October), the Samsung Galaxy Tab 10.1 was given a temporary ban in Australia by a local court.

UPDATE: Remarkably, it has also just been reported by AllThingsDigital that one of the Samsung lawyers in the US case couldn't tell the difference between the Samsung Galaxy Tab 10.1 and the Apple iPad. When asked if she could distinguish between them by US District Judge Koh, who held them up, Samsung attorney Kathleen Sullivan said "not at this distance, your honour".

Sullivan was standing just 10 feet away from the devices. Yikes!

The judge then had to ask the room, "Can any of Samsung’s lawyers tell me which one is Samsung and which one is Apple?"

A classic own goal.

The saga goes on... Sigh. Let us know your thoughts in the comments below...