Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1339 (18 October 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1339 (18 October 2012)

The Samsung Galaxy tablets (10.1, 8.9, 7.7) do not infringe Apple's registered Community Design No. 000181607-0001 as they produce a different overall impression to the informed user, considering differences in thickness, ornamentation, and back design. The judge's assessment was correct in law and principle. A publicity order is necessary to dispel commercial uncertainty created by conflicting litigation and media reports.

Citation
[2012] EWCA Civ 1339
Parties
Claimant/respondent: Samsung Electronics (UK) Limited; Defendant/appellant: Apple Inc
Jurisdiction
England and Wales
Judgment Date
18 October 2012
Procedural Posture
Appeal From High Court (chancery Division, Patents Court) / Court of Appeal Judgment
Outcome
Appeals dismissed; publicity order varied
Legal Topics
Registered Community Design, Design Infringement, Publicity Orders, Jurisdiction, Scope of Protection
Intellectual Property European Union Law Registered Community Design Design Infringement Publicity Orders Jurisdiction Scope of Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Samsung Electronics (UK) Limited

Claimant/respondent

Apple Inc

Defendant/appellant

Procedural Posture

Appeal From High Court (chancery Division, Patents Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Samsung Galaxy tablets infringe Apple's registered Community Design No. 000181607-0001
  2. 2 Whether Apple should be compelled to publicise its defeat in specified manners

Ratio Decidendi

The Samsung Galaxy tablets (10.1, 8.9, 7.7) do not infringe Apple's registered Community Design No. 000181607-0001 as they produce a different overall impression to the informed user, considering differences in thickness, ornamentation, and back design. The judge's assessment was correct in law and principle. A publicity order is necessary to dispel commercial uncertainty created by conflicting litigation and media reports.

Court Disposition

Appeals dismissed; publicity order varied

Orders

  • Apple must publish notice of non-infringement on its UK website with a hyperlink for one month and in specified newspapers/magazines; wording to be agreed or settled by further argument.
  • Apple must apply to discharge the German Oberlandesgericht injunction.