Samsung Did Not Infringe Apple’s Tablet Design, Dutch Court of Appeal Rules

The Court of Appeal of The Hague on January 24 rendered its judgment in the Apple v. Samsung case on design right issues, confirming the District Court’s earlier decision that Samsung did not infringe Apple’s registered Community Design Right (see “Dutch Court Denies Infringement Claims in Samsung, Apple Phone and Tablet War” [25 WIPR 18, 10/1/11]).

The diagrams contained in Apple’s 2004 registered CDR—

Apple had invoked a Community Design Right (“CDR”) registered in 2004 for a handheld computer. A German court had held earlier that the Galaxy Tab 10.1 of Samsung infringed Apple’s rights under that CDR (see ...