Apple loses Samsung case appeal
on 18/10/2012 10:47:39
The American electronics giant argued that the Samsung Galaxy Tab was too similar to its own product.
But a judge at the High Court in London ruled in July that the Galaxy tablet was not "cool" enough to be confused with Apple's iPad.
Apple later challenged the finding at the Court of Appeal.
But the appeal was dismissed today by Lord Justice Longmore, Lord Justice Kitchin and Robin Jacob.
They upheld the decision of Judge Colin Birss QC that three Samsung Galaxy tablet computers did not infringe Apple's registered design.
Judge Birss said earlier this year: "They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool."
He said consumers were not likely to get the two tablet computers mixed up.
The judge said: "The informed user's overall impression of each of the Samsung Galaxy tablets is the following: from the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. The overall impression produced is different."
Apple had argued that the front face and overall shape were the most important factors because the informed user would spend the most time looking at the front and holding it.
In today's ruling, Jacob said: "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."
He added: "So this case is all about, and only about, Apple's registered design and the Samsung products."