Bloomberg, Judge Johanna Brueckner-Hofman stated that, "Consumers are well aware that there is an original and that competitors try to use similar designs, so buyers are vigilant when looking at products. We don't think that someone buys a Samsung to make his table neighbor at the coffee house believe he owns an iPad." A final ruling in the case is scheduled for February 9th.
Apple has been trying to convince the court that the Samsung tablet "exploits the reputation" of its own Apple iPad tablet. In the meantime, Samsung has cleverly marketed its tablet with news paper ads proclaiming the device as "The tablet Apple tried to stop" in big bold lettering. Samsung also said that the court battle has raised consumer awareness of its tablet.
Apple has accused Samsung of copying the "look and feel" of devices like the Apple iPhone and Apple iPad. In Australia, Apple won a temporary ban against the Samsung GALAXY Tab 10.1 that was recently reversed by a higher court in the country, allowing Samsung to sell the tablet in Australia in time to reap some holiday sales.
source: Bloomberg via AppleInsider