London (UK): Apple’s copyright infringement appeal on its patented design of tablet computers against Samsung has been ruled out on Thursday (October 18, 2012). The two rivals are fighting legal copyright infringements on smartphones and tablets in courts all across the globe.
Britain’s Court of Appeal yesterday maintained the Country’s High Court Judgment that states – Although there are some similarities, but Samsung Galaxy series of tablets do not infringe Apple’s patented designs because its products were “NOT AS COOL”.
This could indicate the end of legal disputes all across Europe over patents between the two rivals. However, Apple has the option to appeal in the UK Supreme Court.
International Lawsuits on Patents Infringement and Verdict
Apple’s had claimed that the tablet’s front face and overall shape was more important than the overall design for users usually spend most of the time holding the gadget and gazing on the screen.
One of the three appointed judges examining the case, Sir Robin Jacob himself owns an Apple iPad. He 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. So this case is all about, and only about, Apple’s registered design and the Samsung products.
Samsung’s designs were altogether busier with a more varied use of color on the devices’ rear and their inclusion of a thicker section to house a camera.
As a result, California-based Apple has lost several lawsuits cited against South Korea’s Samsung based on tablet design including lawsuits in Netherlands, Australia and USA.
Apple has been commanded to run advertisements clearly stating that Samsung has not infringed its registered tablet designs, on its website and in selected newspapers including Daily Mail, Financial Times, T3 Magazine and others to compensate the damage effect on Samsung of being a copycat.
It should be noted that US courts have directed Samsung to pay Apple, a damage fine of USD $1.05 Billion on last week of August this year for infringing several software and design patents of Apple iPhone.
Reaction of Samsung and Apple
Samsung was quite happy with the verdict. A spokesperson on behalf of Samsung said :
We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners.
However, Apple declined to comment anything on the court’s verdict.