Apple Loses Samsung Tablet Patent Appeal, Now Forced to Apologize

This morning Apple lost its patent case against Samsung in London’s Court of Appeal after a judge declared that the Galaxy tablet is not a copy.

Apple Inc. lost its appeal over a ruling that its rival Samsung’s Galaxy tablet did not copy the iPad in a British court. Photo: AppleSnowLeo/Flickr

The world’s two leading tech companies are fighting over patents for smartphones and for tablets like Apple’s iPad, in courts around the world.

According to Reuters, Britain’s Court of Appeal on Thursday ruled that, despite some similarities, Samsung’s Galaxy tablet did not infringe Apple’s designs.

Judge Colin Birss said: “The extreme simplicity of the Apple design is striking,” Birss admired its “undecorated flat surfaces,” its “very thin rim” and “crisp edge.”

“It is an understated, smooth and simple product,” Birss wrote, saying that Samsung’s products “are not as cool.”

The US company was odered to admit in newspaper and online articles that the Korean company did not copy the iPad. The judge said these notices must be in a font size no smaller than Arial 14, CBC News reports.

South Korea’s Samsung approved the decision saying: “We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners”. In response Apple refused to comment.

Moreover, the trial judge put a great emphasis on differences between the design of the back of Galaxy Tab range and the back of the iPad.

We may see that the back of the iPad is almost featureless, while Galaxy Tabs have a separate, different coloured section along one edge that contains the camera and flash.

Kim Walker, a partner with English law firm Thomas Eggar LLP, said: “It appears that you don’t have to be cool to be original when it comes to intellectual property rights, you just have to be different!”

What Apple can do now is to take its appeal to the Supreme Court.

But Darren Smyth partner at EIP, a specialist intellectual property law firm, told Reuters: “I expect this will be the end of the line. An appeal to the Supreme Court is in principle possible but there has been no indication so far that Apple plan such an appeal.”

“For the design of tablets in Europe this should be the final word,” he added. The British case is just one of many Apple and Samsung’s copyright battles, which took place across Europe and the United States.

Earlier this month, the Court of Appeals in Washington overturned a judge’s order blocking Samsung from selling its Galaxy Nexus smart phone pending a patent lawsuit by Apple. A jury in September agreed with Apple and ordered Samsung to pay $1 billion. Samsung set the judgment aside, CBCNews reports.

In September, a German court dismissed Apple’s claim that Samsung and Google Inc.’s Motorola Mobility infringed patents used in touch-screen devices.

Apple applied for an injunction in the Netherlands last year regarding all three Samsung Galaxy models, the 10.1, the 8.9 and the 7.7. The court refused, Apple lost on appeal in the Netherlands last year concerning  The British case is just one of several in Apple and Samsung’s international copyright battle, which has raged across Europe and the United States.

Earlier this month, the Court of Appeals in Washington overturned a judge’s order blocking Samsung from selling its Galaxy Nexus smart phone pending a patent lawsuit by Apple. A jury in September agreed with Apple and ordered Samsung to pay $1 billion. Samsung has moved to set the judgment aside.

In September, a German court dismissed Apple’s claim that Samsung and Google Inc.’s Motorola Mobility infringed patents used in touch-screen devices.

Apple lost on appeal in the Netherlands last year concerning all three Samsung Galaxy models, the 10.1, the 8.9 and the 7.7.

CBCNews says that in its turn, Samsung went to court in Spain last year seeking a declaration of non-infringement. Apple is challenging Spain’s jurisdiction, and the case has not resulted in any ruling so far…

Share this article

We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language, all capital letters or appear to be spam, and we review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Coinspeaker Ltd.