Thursday, October 18, 2012

UK: Samsung had not infringed Apple`s design rights, rules Judge.


WorldWide Tech & Science. Francisco De Jesùs.


UK: Samsung had not infringed Apple`s design rights, rules Judge.

Among the reasons for finding that Galaxy tabs didn't infringe on the physical design patent was the fact that Samsung branding was on the front and back of its tabs and they were thinner than the iPad.

Apple said in its appeal that thinness didn't matter because consumers would expect tablets to get slimmer over time and slab-fondlers would ignore trademarks.

Judge, Sir Robin Jacob disagreed in his ruling, saying design patents were protection for what was registered at the time, not future differences. He also said that Apple quite clearly went on about the simplicity of the iPad's design and its lack of ornamentation and company names emblazoned across the product qualify as ornamentation.

The only slight respite for Apple is that it doesn't have to plaster the notice over its homepage on its website, Jacob said a link to the notice would be fine. However, the fruity firm will still have to publish the notice in font no smaller than Arial 14pt in the Financial Times, the Daily Mail, The Guardian, Moble Magazine and T3 magazine.

A spokeswoman for Samsung said it welcomed the latest ruling.

"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."

Apple declined to comment. It can still appeal to the UK Supreme Court, otherwise the ruling applies across the European Union.

BBC and the register

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