Samsung Electronics (UK) Ltd v Apple Inc

The Samsung Galaxy tablets 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 design features. There is a real need to dispel commercial uncertainty caused by conflicting litigation and publicity, justifying a modified publicity order.

Parties: Claimant/respondent: Samsung Electronics (UK) Limited; Defendant/appellant: Apple Inc
Jurisdiction: England and Wales
Judgment Date: 18 October 2012
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeals dismissed; publicity order varied
Legal Topics: Registered Design Infringement, Community Design Regulation, Publicity Orders, Declaration of Non Infringement

Intellectual Property Commercial Law Registered Design Infringement Community Design Regulation Publicity Orders Declaration of Non Infringement

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Parties

Samsung Electronics (UK) Limited

Claimant/respondent

Apple Inc

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

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

Ratio Decidendi

Court Disposition

appeals dismissed; publicity order varied

Orders

Apple must post a notice on its UK website with a hyperlink to the judgment for one month.
Apple must publish the notice in specified newspapers and magazines.