Dutch Court Rules In Favor Of Samsung
A Dutch court has ruled in favor of Samsung in a case where Apple claimed the Galaxy Tab 10.1 infringed a design copyright.
The ruling comes a week before a German appeals court is set to rule on a design right-related injunction granted in the country.
The Dutch court said that the backs and sides of Samsung’s tablet differed from the iPads, and that the two firm’s models differed in thickness, which allows informed users to distinguish between the two devices.
It said Apple could only claim a narrower definition since the “characteristic” elements of its design had previously appeared in other works, including a 1994 concept video produced by the Knight Ridder newspaper group and a 2004 U.S. patent filed in the name of inventor Helmers Ozolins.
“This ruling again demonstrates that Apple’s products simply do not warrant the intellectual property protections that it believes,” a spokeswoman told BBC.
“Samsung will continue to take all appropriate measures, including legal action, to ensure continued consumer access to our innovative products.”
Last year, a Dutch judge refused to grant Samsung an injunction banning Apple from selling iPhones and iPad tablets in the Netherlands.
The court rejected Samsung’s argument that Apple should not be allowed to sell devices like tablets and smartphones that use 3G mobile technology.
The German court is expected to consider the latest ruling when it looks into Samsung’s appeal against a German sales ban imposed on the Galaxy Tab 10.1 last August.
“It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad,” Apple has said after previous rulings. “This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property when companies steal our ideas.”
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