Although the American patent trial between Apple and Samsung ended some months ago, the war over intellectual property rights is still waging between the two giants of industry.
Yet this time it is Samsung that has emerged victorious, after Apple lost its appeal against a UK ruling that Samsung had not infringed its design rights.
A judge at the High Court reiterated the view that he first shared in the July ruling, by arguing that there was enough of a design gap between Samsung’s Galaxy Tab and Apple’s iPad for there not to be any confusion between the two devices.
At the time of the July ruling he argued that that Samsung’s devices were not as ‘cool’ because they were lacking in Apple’s ‘extreme simplicity’.
Apple vs Samsung UK: What was being contested?
Apple argued that the overall shape and front face of the Galaxy Tab was key, as opposed to the overall design, as this was the part that users would spend the most time looking at.
However, one of three judges that were involved in the Court of Appeal review of the case, who admitted he owned an iPad himself, outlined why Apple’s appeal wasn’t successful. Sir Robin Jacob wrote:
“It is not about whether Samsung copied Apple’s iPad. Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law,”
He also went on to note that the logo on the front of Samsung’s devices helped to distinguish them from Apple’s registered design, which says that there should be ‘no ornamentation’.
Sir Robin also argued that the ‘sharp edge’ featured on the sides of the iPad’s design, were considerably different from those of the Galaxy Tabs as well as noting that Samsung’s designs were ‘altogether busier’.
Apple vs Samsung UK: What’s next?
The UK judge said that Apple still needs to proceed with ads outlining that Samsung had not infringed its rights.
Apple had previously been ordered to place a notice to that effect – with a link to the original judgement – on its website, as well running adverts in a number of publications in an effort to “correct the damaging impression” that the case had had on Samsung.
This appeal looks like the end of the dispute between the two tech giants in the UK. But don’t worry, court battle fans, there are plenty of other court systems in the world for them to duke it out in.
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