Apple loses UK appeal against Samsung 'cool' ruling

Oct 18, 2012
A South Korean man stands in front of an advertisement for Samsung Electronics' new tablet computer, the Galaxy Tab 10.1, at the company's main building in Seoul on July 2011. Apple lost a British court appeal on Thursday against a ruling that Samsung's Galaxy tablet is not "cool" enough to be confused with the iPad.

Apple lost a British court appeal on Thursday against a ruling that Samsung's Galaxy tablet is not "cool" enough to be confused with the iPad.

The US tech giant had challenged a High judgement in July that South Korea's Samsung did not infringe Apple's registered design and that consumers were not likely to confuse the rival devices.

A panel of three British judges at the Court of Appeal in London dismissed Apple's bid to overturn 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," senior judge Robin Jacob said in the ruling.

"It is not about whether Samsung copied Apple's . 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."

Apple was also ordered to publicise the earlier decision.

Samsung said the ruling was important in relation to several legal disputes that it is embroiled in with Apple around the world.

"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," it said.

In the in July, judge Colin Birss said in his ruling that the Samsung tablet does not have the "same understated and extreme simplicity which is possessed by the Apple design", adding: "They are not as cool."

On Thursday a US appeals court lifted a sales ban on the -branded Samsung Galaxy Nexus smartphone in a patent fight with Apple, saying there was no evidence sales were driven by features copied from the .

Apple, which won a jury award of more than $1 billion for patent infringement, is seeking in the United States to ban various Samsung phones and tablets on the basis of that verdict.

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User comments : 4

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javjav
5 / 5 (6) Oct 18, 2012
Apple is using a mafia of attorneys to force other companies to either expend insane amounts of money to defend themselves or either pay the protection racket to Apple.

A tablet with rectangular shape and similar look to ipad appeared in the 20001 A space odyssey movie. You can see it here:
http://www.youtub...pQVDyaLo

Just one example of a similar round corner display design was the Atari 500ST (1985), here:
http://en.wikiped...0STf.jpg

Or Pierre Wiellner multi-touch display from 1991
http://www.youtub...CetZ_57g

Can be apple be sued for copying them? How can anybody patent a rectangular screen with rounded corners?
TheKnowItAll
4.2 / 5 (5) Oct 18, 2012
It seems some big corporations have been abusing the court system. I sure hope the next judge will have to guts to slap them both silly and kick them right out of court.
krundoloss
5 / 5 (3) Oct 18, 2012
These court cases are silly. How can you patent something that evolves with the natural progression of technology? You should not be able to patent a form, only the technology held within the form. You cannot patent a "Tablet Computer" or a "Color Display" or a "Car", because these are all just categories, not specific technology, just like a "Tablet with rounded edges". Of course it has rounded edges, doesnt everything? Duh! They need stop sueing other companies, and realize that good ideas will be imitated and there is nothing they can do to stop it, period.
Tangent2
5 / 5 (1) Oct 18, 2012
Apple was also ordered to publicise the earlier decision.


After doing a search on apple's site and sub sites, there is no word of this at all. I very much doubt that they will do it, and of course in the long term nothing will happen to them. Like most big corporations, they think they can do what they want.