Apple lose iPad patent appeal, must run adverts noting Samsung's unique tablet designs

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new-ipad-3-08.jpgApple have lost their latest UK appeal in their long-running patent dispute concerning their iPad and Samsung’s Galaxy Tab range. The High Court has ruled that Samsung’s Galaxy Tab 10.1 does not infringe upon the registered design rights for the iPad.

To appease the courts and Samsung’s legal teams, Apple now must post a notice on their website for six months stating that Samsung didn’t infringe upon its designs, and must supplement this with a series of advertisements stating the same point in major newspapers and magazines.

Judge Sir Robin Jacob explained the court’s decision to turn down Apple’s appeal against the original ruling:

“Because this case (and parallel cases in other countries) has generated much publicity, it will avoid confusion to say what this case is about and not about,” he said.

“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.

“So this case is all about, and only about, Apple’s registered design and the Samsung products.”

As you’d expect, Samsung are pretty chuffed with the decision, and released the following statement expressing their joy:

“We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners and that the origins of Apple’s registered design features can be found in numerous examples of prior art.

“Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited.”

Via: BBC

Gerald Lynch