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Apple loses appeal against Samsung Galaxy Tab in the UK

High Court rules again that the Galaxy Tab does not infringe design patent
Thu Oct 18 2012, 11:18
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KOREAN HARDWARE FIRM Samsung is celebrating a win over Apple in the UK Court of Appeal today.

The firm has welcomed the decision of the court that its Galaxy Tab tablets do not infringe Apple's design patent.

It said that it was pleased to hear that the court still agreed that Apple was not the first company to create a tablet with rounded corners.

"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," said Samsung in a statement.

"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."

Apple was appealing against Judge Birss' decision from July this year when he ruled that Samsung Galaxy tablets don't infringe Apple's design patent. At that time he said that Apple must run adverts declaring it was wrong when it asserted that this was the case.

Judge Birss also said that the Samsung tablets were not as "cool" as its rivals. "Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design," he said. "They are not as cool. The overall impression produced is different."

We asked Apple to comment on today's decision, but it declined the offer. µ

 

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