More bad news for Apple as it loses appeal in Samsung case

Apple today lost an appeal against the UK ruling that found rival Samsung's Galaxy Tab did not infringe its design rights. The original case, in which Judge Colin Birss declared Samsung’s tablets were not cool enough to be confused with the iPad, found in favor of the South Korean company and ordered Apple to publish a notice on its website and in various print titles (for a minimum of six months), informing visitors and readers that Samsung did not copy the design of Apple’s tablet.

The Court of Appeal’s review of the case upheld this ruling, meaning that Apple must comply with the original order. And just for a little additional salt/wound rubbing, one of the three appeals judges, Lord Justice Kitchin, stated that the typeface used in the notices must be no smaller than 14 point Ariel.

An understandably jubilant Samsung released the following statement:


We welcome the court’s judgment, which reaffirmed our position that our Galaxy Tab products do not infringe Apple’s registered design right. 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.

Another of the appeal court judges, the iPad owning Sir Robin Jacob, said of the 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. 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".

In the United States, Samsung is currently appealing the outcome of the high profile copyright case in which Apple was awarded almost a billion dollars in damages for patent and design infringements against the iPhone.

Photo Credit: Sebastian Duda/Shutterstock

8 Responses to More bad news for Apple as it loses appeal in Samsung case

  1. jos van capelle says:

    good for the one and only free tablett with the free android.

  2. Trvlr says:

    Finally, a common sense ruling ... and a nice humbling turn for crApple! They will have to stop misinforming the public about generic design issues when there is clear prior art showing that they did not invent the "rectangular shape and rounded corners". They did not invent the smartphone, they did not invent the pc or the tablet....but one of their recent accomplishments was to take the notification shade that Android phones have had since their inception and simply market it to ifanbois as an upgrade to their current software! CrApple is great at marketing the bullshit, so they should now learn to market the 14 point Ariel, no less!! LOL !!!

    • Bob Grant says:

      Proof that Apple didn't make the first PC:

    • ThKal says:

      Not the rectangular shape with rounded corners again. Don't fall for Samsung propaganda.

      Nobody said that Apple developed the PC, the GUI, the smartphone or the tablet. But they did popularize all of them, because they made the first enjoyable ones to use.

      As for the notification shade, Cydia had it first and Apple hired the Cydia developer.

      Anyway, I don't think that Apple stating that the Galaxy Tab is not cool enough is a bad thing for Apple.

  3. Great news. It is time to shut down patent bully-beast (APPL)

  4. Cobalt39 says:

    Aaaaaaaaaaaahahahahahahahahahahahahahahahahahahahaha.... *gasp* aaaaaaaaahahahahahahahahahahahahaaaaa......

    Couldn't have happened to a more deserving company. Eat it, Apple. May you lose every frivolous lawsuit you ever bring.

  5. Aaron says:

    Loving the British humour in that judgement. "Not cool enough", 14pt Arial font! XD

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