Samsung Electronics (UK) Ltd v Apple Inc [2012] EWHC 1882 (Pat) (09 July 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWHC 1882 (Pat) (09 July 2012)

The Samsung Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 tablets do not infringe Apple's Community Registered Design No. 000181607-0001 because, despite certain similarities, the overall impression produced on the informed user by the Samsung tablets is different from that produced by the Apple design, particularly in respect of the back surfaces, thickness, and detailing. The informed user, considering the design corpus and the degree of freedom of the designer, would not be confused or see the Samsung tablets as producing the same overall impression as the Apple design.

Citation
[2012] EWHC 1882 (Pat)
Parties
Claimant: Samsung Electronics (UK) Limited; Defendant: Apple Inc.
Jurisdiction
England and Wales
Judgment Date
09 July 2012
Procedural Posture
Intellectual Property Registered Design Infringement / First Instance Judgment on Infringement and Stay of Counterclaim
Outcome
Declaration of non-infringement granted to Samsung; Apple's counterclaim for infringement not stayed but dismissed on the merits.
Legal Topics
Community Registered Design, Design Infringement, Scope of Protection, Design Corpus, Degree of Freedom of Designer, Stay of Proceedings
Intellectual Property Design Law Community Registered Design Design Infringement Scope of Protection Design Corpus Degree of Freedom of Designer Stay of Proceedings

Case Brief

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Parties

Samsung Electronics (UK) Limited

Claimant

Apple Inc.

Defendant

Procedural Posture

Intellectual Property Registered Design Infringement / First Instance Judgment on Infringement and Stay of Counterclaim

Legal Issues

  1. 1 Whether Samsung's Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 tablets infringe Community Registered Design No. 000181607-0001 owned by Apple Inc.
  2. 2 Whether Apple's counterclaim for infringement should be stayed under Article 91 of Council Regulation (EC) No 6/2002

Ratio Decidendi

The Samsung Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 tablets do not infringe Apple's Community Registered Design No. 000181607-0001 because, despite certain similarities, the overall impression produced on the informed user by the Samsung tablets is different from that produced by the Apple design, particularly in respect of the back surfaces, thickness, and detailing. The informed user, considering the design corpus and the degree of freedom of the designer, would not be confused or see the Samsung tablets as producing the same overall impression as the Apple design.

Court Disposition

Declaration of non-infringement granted to Samsung; Apple's counterclaim for infringement not stayed but dismissed on the merits.

Orders

  • Declaration that Samsung Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Community Registered Design No. 000181607-0001.
  • Apple's counterclaim for infringement dismissed.