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Wednesday, January 16, 2013
Galaxy Tabs Do Not Infringe Apple's Design. Dutch Cort Rules


Samsung' Galaxy tablets do not infringe on an Apple design right, the District Court of The Hague ruled Wednesday in response to a request by Samsung.

The court cited previous decisions in British courts, and ruled that the rounded corners of Samsung's Galaxy Tab 10.1, Galaxy Tab 8.9, and Galaxy Tab 7.7. "are not covered by the scope of the community design." A "Community Design" is a form of intellectual property right available in the European Union that allows businesses to prevent others from copying the outward appearance of their products. The ruling means that Samsung does not infringe on an Apple design right when it manufactures, supplies, markets, imports, exports or uses those products in the Netherlands and the E.U., according to the verdict.

In its verdict, the court referred to jurisprudence from other lawsuits between the two companies in Europe concerning the same community design.

The court also ordered Apple to pay Samsung's costs of $169,512.


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