Although Apple had a big win in the U.S. a few months ago regarding a patent infringement lawsuit against Samsung, the UK isn’t changing its mind about saying that the Galaxy Tab isn’t “cool enough” to be considered a patent infringement.
Reuters is reporting that Britain’s Court of Appeal recently upheld the country’s High Court judgment that Samsung’s Galaxy Tab 10.1 did not infringe Apple’s designs. This decision will be considered valid throughout Europe and will likely hamper any ideas Apple has of appealing again.
Samsung was quoted as saying, “We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners.” Interestingly, two days ago, the U.S. Patent and Trademark Office published approval for Apple’s 2010 patent D669,069 for the design of a portable display device. This patent is just vague enough to give Apple proof that a tablet with a rectangular shape and rounded corners is their design. Obviously, the UK doesn’t agree.
Part of the provisions instructed in the UK decision is that Apple must run advertisements in area newspapers and on the company’s website stating that Samsung did not copy its registered tablet design.
EIP law partner Darren Smyth told Reuters he doesn’t believe that Apple will try to appeal with the Supreme Court. “For the design of tablets in Europe this should be the final word,” he said.