Back in July, a judge at the High Court in London has ruled that Samsung’s Galaxy Tabs were not too similar in design to Apple’s iPad. Now, Apple has lost its appeal against the UK ruling that Samsung did not infringe their design rights.
Apple is still required to run advertisements indicating that Samsung had not infringed their design rights. Previously Apple had been ordered to place a notice with a link to the original judgement on its website and other publications to “correct the damaging impression” that pictured Samsung as a copycat.
“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.” said Sir Robin Jacob, one of the three judges in the Court of Appeals that reviewed the case. Sir Robin noted that Galaxy Tabs had the Samsung logo on the front of the device, while Apple’s registered design said that there should be “no ornamentation”.
Apple may have won the big $1.05 billion software patent case against Samsung, but they have lost a series of cases around the world including those in the Netherlands, Australia, and the US.
Source: BBC UK