Apple’s second attempt to kill Samsung’s Galaxy Tab in the UK has failed, as an appeals court says it is not similar enough to the iPad
Apple has lost its appeal against a UK ruling which said Samsung did not infringe the Californian-based company’s design patents.
The Court of Appeal today held up the decision, made by Judge Birss of London’s High Court in July, that Samsung’s Galaxy Tab 10 is not similar enough to be confused with Apple’s iPad.
Back in July, Judge Birss said the Galaxy Tab 10 were not as “cool” as the iPad as they lacked its simplicity.
Appealing the decision, Apple claimed that similarities between the front face and overall shape of the tablets was more important than the overall design in determining whether its rights were infringed.
But one of the appeal judges Sir Robin Jacob said “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.”
Today’s ruling means Apple must pay for adverts in various magazines and newspapers to “correct the damaging impression” that Samsung had acted improperly. Birss said Apple should also post such a notice on its website.