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Dutch court takes Samsung’s side in Apple tablet rounded corners battle

Samsung is pleased to hear it
Thu Jan 17 2013, 11:54
Apple iPhone fighting Samsung Galaxy SIII

A DUTCH COURT has ruled that the Samsung Galaxy Tab does not infringe Apple's iPad designs because Apple has not been at the forefront of rectangles with rounded corners.

The district court in the Hague was looking at whether it is permissible that Samsung's Galaxy Tab 10.1, Galaxy Tab 8.9, and Galaxy Tab 7.7 have rounded corners. Its decision was that this is okay.

"We welcome the court's decision, which reaffirmed decisions made by courts in other countries that our Galaxy Tab products do not infringe Apple's registered design right," said Samsung in a statement.

"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 based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited."

That's pretty much the same thing it said when it scored a similar victory in the UK at the end of 2012.

Then as now Apple was appealing a decision from July which ruled that Samsung Galaxy Tab tablets don't infringe Apple's design patent.

As part of that ruling Apple was told that it had to run notices in the UK that cleared up any misconceptions about whether Samsung had improperly copied its designs.

Apple's first effort was a disappointment. It said, "On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited's Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design No. 0000181607-0001."

Apple was told to change this and at first it suggested that it needed two weeks to update its website. When it did comply in national newspapers in the UK, it didn't go overboard.

Apple has not responded to our request for comment so far. µ


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