Apple loses tablet design appeal against Samsung

Samsung warns ‘the industry could be harmed’ if Apple continues making legal claims
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The High Court in London has upheld its ruling that Samsung has not copied Apple’s iPad design.

Back in July, Samsung won its case against Apple over the design of the Galaxy Tab 10, as the judge ruled that it was ‘not as cool’ as the iPad.

Apple appealed the verdict, which requires the company to run adverts proclaiming that Samsung did not copy the iPad.

The appeal was dismissed today by Lord Justice Longmore, Lord Justice Kitchin and Sir Robin Jacob.

"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,” said Sir Robin.

"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 said in a statement: "We welcome the court's judgment, which reaffirmed our position that our Galaxy Tab products do not infringe Apple's registered design right.

"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 has not released a statement.

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