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Apple loses appeal in UK over Samsung patent dispute

18 October 2012

UK High CourtApple has lost its appeal from an earlier ruling by the British High Court of Justice that Samsung did not copy Apple’s iPad design patents. Now once again Apple is facing the prospect of having to issue a public advert in some major British newspapers, Daily Mail, Financial Times, Guardian, and the T3 UK tech magazine for at least  four weeks that Samsung did not copy their iPad designs. News agency Reuters have reported that the font used for the adverts must be at least size Arial 14. They must also have a link on their own website to a page which states the same facts of the court case. This order was previously given to Apple when it lost the case back in July at the High Court.

This time there were three judges at appeal case, with one, Sir Robin Jacob saying he owned an iPad and also explaining the decision, “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.” He added that Samsung’s use of its logo on the front distinguished them from Apple’s registered design, which said there should be “no ornamentation”. The judges also said “The acknowledgment must come from the horse’s mouth,” adding, “Nothing short of that will be sure to do the job completely.”

Apple iPad vs Samsung Glaxay Tab10.1

The court ruling is applicable within all of the Europe Union, not just in the UK. Samsung were naturally pleased with the outcome; a company spokesman said,”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.” July it was noted by the judge that though they looked very very similar from the front, there was much difference at the back due to the thinness, detailing and logos.

Apple and Samsung are locked in bitter court disputes. Apple recently won a case in California where the court ordered Samsung to pay a $1.05bn fine for infringing software patents and this time the design of the iPhone – Samsung is appealing that decision. Apple can appeal the UK verdict by taking the case to the British Supreme Courts.

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