Feeds

Netherlands Supremes squash iPad design patent

If mugs can tell the difference, it's not a copy, says Dutch court

Secure remote control for conventional and virtual desktops

If even the ordinary man in the street can tell the difference between an Apple iPad and a Samsung Galaxy Tab 10.1, then Samsung hasn't infringed on Apple's design rights, according to a court in The Netherlands.

It's not a killer blow in the international patent war-of-running-skirmishes between the two companies: this decision refers only to whether the South Korean company was infringing a “community design”.

The community design is pretty much equivalent to the US design patent that protects the shape of the Coca-Cola bottle, a form of registration sitting between trademarks and “real” patents in a large number of countries.

The case had ended up at The Netherlands' Supreme Court because of setbacks to Apple in lower courts. The Supreme Court has now decided that the ornamental differences between its device and Samsung's are clear enough to be apparent even to an uninformed user, and therefore the Galaxy Tab 10.1 does not infringe on Apple's design right.

The Netherlands' Supreme Court issued this brief statement on Friday, May 31 (Google translation).

While Apple does have some protection, the court has limited the its extent because of the number of earlier, similar designs. Which, El Reg suspects, probably means only the most egregious cases of outright copying would bring Apple a happier experience in front of the judge.

The ruling also means the whole of the EU is off-limits for this particular claim. ®

Choosing a cloud hosting partner with confidence

More from The Register

next story
Bono apologises for iTunes album dump
Megalomania, generosity and FEAR of irrelevance drove group to Apple deal
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Doctor Who's Flatline: Cool monsters, yes, but utterly limp subplots
We know what the Doctor does, stop going on about it already
Arab States make play for greater government control of the internet
Nerds told to get lost in last-minute power grab bid at UN meeting
Apple SILENCES Bose, YANKS headphones from stores
The, er, Beats go on after noise-cancelling spat
Zippy one-liners, broken promises: Doctor Who on the Orient Express
Series finally hits stride, but Clara's U-turn is baffling
Don't bother telling people if you lose their data, say Euro bods
You read that right – with the proviso that it's encrypted
10 Top Tips For PRs Considering Whether To Phone The Register
You'll Read These And LOL Even Though They're Serious
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.