1. majorpayne's Avatar
    Source: BBC News - Apple loses UK tablet design appeal versus Samsung

    "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."

    Despite Samsung's efforts, studies suggest the iPad remains the bestselling tablet on the market One of the judges - who noted he owned an iPad himself - explained why Apple had lost the appeal in his 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," wrote Sir Robin Jacob.

    "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."

    Sir Robin noted that Samsung's decision to place its logo on the front of its devices distinguished them from Apple's registered design which said there should be "no ornamentation".

    He also highlighted the fact that the sides of the iPad's design - which featured a "sharp edge" - were significantly different from those of the Galaxy Tabs.

    In addition, Sir Robin wrote that Samsung's designs were "altogether busier" with a more varied use of colour on the devices' rear and their inclusion of a thicker section to house a camera.
    10-18-2012 11:25 AM

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