Entries in community designs (7)


Apple v. Samsung: The UK

As we previously posted, Judge Birss ordered Apple to publish a notice on its website for six months, as well as in several newspapers and magazines, that the Samsung Galaxy tablets do not infringe Apple's designs, to "correct the damaging impression" that Samsung copied Apple's product.

On October 18, 2012, the Court of Appeal affirmed Judge Birss. Of note, the judgment stated:

Because this case (and parallel cases in other countries) has generated much publicity, it will avoid confusion to say what this case is about and not about. It is not about whether Samsung copied Apple's iPad. Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law. Whether or not Apple could have sued in England and Wales for copying is utterly irrelevant to this case. If they could, they did not. Likewise there is no issue about infringement of any patent for an invention.

So this case is all about, and only about, Apple's registered design and the Samsung products.The registered design is not the same as the design of the iPad. It is quite a lot different.For instance the iPad is a lot thinner, and has noticeably different curves on its sides. There may be other differences - even though I own one, I have not made a detailed comparison. Whether the iPad would fall within the scope of protection of the registered design is completely irrelevant. We are not deciding that one way or the other. This case must be decided as if the iPad never existed.

As noted above, Apple was ordered to publish a notice on its website, which the Court of Appeal affirmed. The notice was recently published on Apple's UK website.


Apple v. Samsung: Summary Update - January 2012

Engadget has started a "Follow the Saga" feature concerning the ongoing Apple v. Samsung feud, including the most recent announcement that the ban on the original Galaxy Tab 10.1 has been upheld in Germany.  The "Follow the Saga" coverage at Engadget also includes Samsung's 3G lawsuits.

Of note, Apple filed another suit against Samsung in Germany on January 17, 2012, asserting Registered Community Design Nos. 000748280-0006 and 000888920-0018 against 15 Samsung phones between the two designs, as reported by FOSS Patents.  There is an invalidity proceeding pending in both, each initiated by Samsung on August 9, 2011.

Registered Community Design No. 000748280-0006

Registered Community Design No. 000888920-0018



Apple v. Samsung: Apple is denied Preliminary Injunction against the 10.1N in Germany 

Following our prior post regarding Apple's request for preliminary injunction, Reuters reported on December 22, 2011, that Judge Johanna Brueckner-Hofmann stated that, "[a]ccording to the court's assessment, the defendant has moved away sufficiently from the legally protected design." A final verdict is expected in February.


Apple v. Samsung: Apple requests Preliminary Injunction against the 10.1N in Germany

Following our prior post regarding Samsung's new Galaxy Tab 10.1, Dow Jones Newswires now reports that Apple has requested a preliminary Injunction against Samsung's revised design. 

A hearing is reportedly scheduled for December 22, 2011.  FOSS Patents provides some Germany-specific insight on this development, and expects the hearing to not only relate to Apple's community design claims, but also Apple's unfair competition claims.


Apple v. Samsung: "Design Around" in Germany

On November 16, 2011, FOSS Patents reported on Samsung releasing an updated version of the Samsung Galaxy Tab 10.1 with a revised visual design.  This updated version is expected to available for sale in Germany shortly.

The revised tablet is now called the Galaxy Tab 10.1N.  Does this N refer to Non-infringing?

MOBIFLIP.de posted the image below comparing of the 10.N (top) and the 10.1 (bottom).

Most notable in the above images, the bezel on the N is more pronouced.  The bezel on the N has relatively large left and right sides.  Further, as more clearly shown in the image below reproduced from Engadget, speaker ports are provided on the left and right sides of the bezel.

Will these changes be enough to overcome Apple's European Community Design No. 000181607-0001?

Representative images from the Community Design are provided below.  The Community Design relates to U.S. D504,899, and shows a bezel which appears to be narrow than that of the 10.1N, at least along the sides.  Additionally, there does not appear to be any speaker ports provided in the side bezel.