Apple had appealed a UK ruling that Samsung had not infringed on its designs, and now it has lost the appeal as well.
A judge at the High Court in London had first ruled back in July that Samsung Galaxy Tab devices did not look too similar to designs Apple has registered in connection with its iPad. The judge said at the time that Samsung's devices were "not as cool" because they lacked Apple's "extreme simplicity."
Moreover, judge Birss also ordered the Cupertino giant at the time to run ads saying that Samsung had not infringed its design. One notice should remain on Apple's Web site for at least six months, while other ads should appear in various newspapers and magazines to "correct the damaging impression" that Samsung was a copycat, said the judge.
"We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners and that the origins of Apple's registered design features can be found in numerous examples of prior art," a spokeswoman for Samsung said in welcoming the latest ruling, according to BBC News.
In a ruling on Thursday, Oct. 18, a British Court of Appeal upheld its judgment that despite some similarities, Samsung did not copy Apple's design. The case review involved three judges.
In its appeal, Apple had reasserted its claim highlighting that the front face and overall shape of the tablets was the most important factor, more important than the overall design, because users would spend most of the time looking at a tablet's screen.
One of the three judges involved in the review of the case noted that he owned an iPad himself, and explained why the court has sided with Samsung in the appeal.
"It's 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," Sir Robin Jacob wrote, according to the BBC.
"So this case is all about, and only about, Apple's registered design and the Samsung products."
Apple has not released any statement yet regarding its UK appeal defeat.
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