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Dutch court rules Samsung didn't infringe on iPad design
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MacNN Staff
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May 31, 2013, 02:14 PM
 
The Dutch Supreme Court has ruled that the Samsung Galaxy Tab 10.1 doesn't infringe on the design of the Apple iPad, according to reports. Although Apple does hold a European design patent, the Court has limited the applicability of the patent based on prior art. The iPad has predecessors, such as a Knight Ridder concept tablet dating back well over a decade before Apple's product was released. The iPad may have a "unique character," the court adds, but the Galaxy Tab is sufficiently different that an informed person can tell.

The ruling will likely halt Apple efforts to get the Galaxy Tab 10.1 banned from import into the Netherlands. In general, Apple hasn't had as much legal success against Samsung tablets as it has against phones. The main controversy has been Apple's attempt to lay claim to the "rounded rectangle" look of the iPad, which hasn't gained any traction in courts.

"Apple was not the first tablet designed with a rectangular shape and rounded corners," Samsung Netherlands states about the new ruling. "No company should have a monopoly on general design." Apple hasn't issued a statement of its own.
     
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May 31, 2013, 02:55 PM
 
"The iPad may have a "unique character," the court adds, but the Galaxy Tab is sufficiently different that an informed person can tell."

Silly rabbits. It's not about the "informed person". An informed person could determine the difference between nearly any similar product. The uninformed might be duped though. Caveat emptor? To a degree, of course...
     
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May 31, 2013, 03:15 PM
 
I agree with Flying Meat...
     
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May 31, 2013, 06:07 PM
 
In court, even a Samsung Engineer couldn't tell the difference between an iPad and a Galaxy Tab from about 10 feet away.
     
Clinically Insane
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May 31, 2013, 07:07 PM
 
They do have a point, though: these days, people buying tablets are sufficiently informed about alternatives (in part through mainstream press coverage of the various lawsuits) that they can be expected to tell the difference and will probably not mistake a Samsung for an iPad. This was not the case two years ago.

Of course, Apple's point is that the only reason those alternatives have even stood a chance is because they unfairly copied Apple fundamental design.
     
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Jun 1, 2013, 02:42 PM
 
Wow, the Apple fanboys are getting rabid now!
     
Clinically Insane
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Jun 1, 2013, 03:36 PM
 
Originally Posted by Sebastien View Post
Wow, the Apple fanboys are getting rabid now!
If you're gonna grace the news with your automated canned responses, at least take the trouble to read previous comments.

Unless, of course, you no longer count me a "fanboy" (which would be the first time).
     
   
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