Dutch Supreme Court rules Samsung's Galaxy Tab doesn't infringe on iPad

Posted:
in iPad edited March 2014
The highest court in the Netherlands handed down a disappointing verdict for Apple on Friday, finding its claims that Samsung had infringed on the design of its iPad to be invalid.

Dutch


The court's ruling will likely put an end to Apple's efforts to get Samsung's Galaxy Tab 10.1 banned from import into the Netherlands, according to Nu.nl (via SamMobile). Apple holds a design patent in Europe on the iPad, but the Supreme Court limited the applicability of that design patent, claiming prior art.

With a few exceptions here and there, Samsung's Galaxy Tab 10.1 reproduces much of the look and feel of Apple's original iPad, which featured similar materials. One of the larger issues in the case was the "rounded-rectangle" aspect of the iPad, a feature for which Apple has secured design patents wherever possible around the world.

The Court allowed that the iPad had a "unique character," but that alone was not enough to secure a victory for Apple. The Court pointed to concepts such as the Knight Ridder tablet -- the design of which predates the iPad by some 15 years -- and said that the design of Samsung's tablets differs enough from the iPad that an informed user could easily tell the difference.

The ruling comes as final confirmation of a ruling from last year, in which a Dutch appeals court also rejected Apple's claim of infringement.

Apple has had mixed luck in the Netherlands in its years-long patent struggle against Samsung. In October of last year, a Dutch court found that had not infringed on Apple's pinch-to-zoom patent. Samsung representatives were pleased with Friday's verdict.

"Apple was not the first tablet designed with a rectangular shape and rounded corners," Samsung Netherlands reps said. "No company should have a monopoly on general design."

Apple has not issued a response to the ruling.
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Comments

  • Reply 1 of 77


    "There's only two things I hate in this world. People who are intolerant of other people's cultures and the Dutch"


     


  • Reply 2 of 77
    jfc1138jfc1138 Posts: 3,090member
    "the design of Samsung's tablets differs enough from the iPad that an informed user could easily tell the difference."

    So Sam's lawyers in that United States case who couldn't tell them apart: uninformed?
  • Reply 3 of 77
    teejay2012teejay2012 Posts: 275member
    This is the basis of the expression "Going Dutch" in which you split everything. Including design patents, IP, etc.
  • Reply 4 of 77
    chandra69chandra69 Posts: 638member


    If the photo had black iPad then at least readers would feel the judge is an moronic hole.

  • Reply 5 of 77
    I'd agree with at least one part of the verdict - How anybody could confuse a piece of sh*t Android tablet to an iPad is beyond me. Apple builds quality products whereas Android is slapped on any piece of garbage.
  • Reply 6 of 77
    anantksundaramanantksundaram Posts: 19,223member

    Quote:

    Originally Posted by Lord Amhran View Post



    I'd agree with at least one part of the verdict - How anybody could confuse a piece of sh*t Android tablet to an iPad is beyond me. Apple builds quality products whereas Android is slapped on any piece of garbage.


    Isn't that what the UK judge said? And then made Apple apologize?


     


    The US justice system and its judges are starting to look good, by comparison....

  • Reply 7 of 77
    apple ][apple ][ Posts: 8,680member

    Quote:

    Originally Posted by AppleInsider View Post



    and said that the design of Samsung's tablets differs enough from the iPad that an informed user could easily tell the difference.


     


    This is a bad judgement from the court and their argument is weak.


     


    How can they claim that an "informed user" can easily tell the difference, when Samsung's own lawyers could not tell the difference? The average person probably thinks that all tablets are iPads.


     


    Anyway, this is not really that big of a deal. Anybody who buys a Samsung tablet, either informed or not informed, gets what they deserve, and they will receive no pity or sympathy from me.


     


    Anybody who ends up with an Android tablet is doomed to a tablet life of misery, frustration and despair, leading Fandroid morons to endlessly post stupid things on the web, like "When is this game coming out for Android?". Go check out the comments on various places for the huge Star Wars RPG (one of the best RPG's of all time) that just got released for the iPad, and check out how many moronic Fandroids ask when it's coming out for Android? image

  • Reply 8 of 77
    applezillaapplezilla Posts: 941member


    Samsung's bribe trail expands yet again.

  • Reply 9 of 77
    gwydiongwydion Posts: 1,068member

    Quote:

    Originally Posted by anantksundaram View Post


     


    The US justice system and its judges are starting to look good, by comparison....



     


    US justice system said that Samsung doesn't infringe iPad design

  • Reply 10 of 77
    macologistmacologist Posts: 264member


    "the design of Samsung's tablets differs enough from the iPad that an informed user could easily tell the difference."


     


    That leaves too wide a gap for too many users to buy Samsung Tablet, thinking that it's either The Same Thing as iPad, or Almost The Same Thing, but for less money!!! 


     


    It'd be great if Apple had Infomercials Videos on its site that would help people make a More Informed Choice!  


     



    • Let those Videos go through the Differences between iPad and Android Tablets, or even between iPhones and Android Phones!  


    • The could Blur the Names of the Competing Devices, if need be for Legal Reasons!  


    • The Videos would show what Apple Products do, and its advantages! 


     


    But the flip side is that it would invite Tit for Tat War of Ads?! 


     


    So maybe the best thing would be to have more Show And Tell Videos on Apple Site, and demonstrate the Main Features Usage in Daily Lives?


     


    The Heading could be be:


     


    Watch This Before You Buy!!!!


     


    Just my 2c…  

  • Reply 11 of 77
    slurpyslurpy Posts: 5,154member

    What horse-shit. This whole saga with Apple and Samsung has shown that it definitely pays to shamelessly duplicate the shit out of your competitors to gain mindshare and marketshare, as the upsides are infinite and the downsides are almost negligible. You will get away with it each and every time. The judgement that Apple win in the US will be appealed for years, and the financial punishment on Samsung (if there ever is one) will not even be a blip on their financials. Has any other company in history been so shamelessly copied by everyone? Absolutely despicable.
  • Reply 12 of 77
    SpamSandwichSpamSandwich Posts: 31,191member

    Quote:

    Originally Posted by Slurpy View Post





    What horse-shit. This whole saga with Apple and Samsung has shown that it definitely pays to shamelessly duplicate the shit out of your competitors to gain mindshare and marketshare, as the upsides are infinite and the downsides are almost negligible. You will get away with it each and every time. The judgement that Apple win in the US will be appealed for years, and the financial punishment on Samsung (if there ever is one) will not even be a blip on their financials. Has any other company in history been so shamelessly copied by everyone? Absolutely despicable.


     


    Unfortunately, Samsung has nothing worth copying by Apple so the barn door doesn't swing both ways. :D

  • Reply 13 of 77
    lord amhranlord amhran Posts: 902member
    apple ][ wrote: »
    Anybody who ends up with an Android tablet is doomed to a tablet life of misery, frustration and despair......
    Actually I own a 1st Gen Kindle Fire and I enjoy it quite a bit and have had little problems with it. Then again I use it primarily as an e-reader and do little else with it outside of light web surfing & email so I may not be the best judge of what a full fledged Android tablet can do.
  • Reply 14 of 77
    joshuarayerjoshuarayer Posts: 151member


    I just have to ask, why does Apple even care about the Dutch market? That cant be a financially large enough market to even bother with having to pay lawyers the extreme amount they are.

  • Reply 15 of 77
    gatorguygatorguy Posts: 20,752member
    I just have to ask, why does Apple even care about the Dutch market? That cant be a financially large enough market to even bother with having to pay lawyers the extreme amount they are.

    It's a major import hub for the rest of Europe.
  • Reply 16 of 77
    joshuarayerjoshuarayer Posts: 151member

    Quote:

    Originally Posted by Gatorguy View Post





    It's a major import hub for the rest of Europe.


     


    Did not know that. Learn something new every day.

  • Reply 17 of 77
    tooltalktooltalk Posts: 766member

    Quote:

    Originally Posted by Apple ][ View Post


     


    This is a bad judgement from the court and their argument is weak.


     


    How can they claim that an "informed user" can easily tell the difference, when Samsung's own lawyers could not tell the difference? The average person probably thinks that all tablets are iPads.


     


    Anyway, this is not really that big of a deal. Anybody who buys a Samsung tablet, either informed or not informed, gets what they deserve, and they will receive no pity or sympathy from me.


     


    Anybody who ends up with an Android tablet is doomed to a tablet life of misery, frustration and despair, leading Fandroid morons to endlessly post stupid things on the web, like "When is this game coming out for Android?". Go check out the comments on various places for the huge Star Wars RPG (one of the best RPG's of all time) that just got released for the iPad, and check out how many moronic Fandroids ask when it's coming out for Android? image



     


     


    They all look the same from 30 feet .

  • Reply 18 of 77
    rot'napplerot'napple Posts: 1,839member


    So I guess the old adage of "Don't take any wooden nickels" now has to be modified to "Don't take any wooden shoes"!  


     


    Nice going judge... image


    /


    /


    /

  • Reply 19 of 77
    majjomajjo Posts: 574member
    lol @ all the butthurt fanbois in this thread.

    This decision is in line with the rest of the courts around the world, so nothing surprising here.
  • Reply 20 of 77
    caliminiuscaliminius Posts: 944member
    apple ][ wrote: »
    (douche bag comment here)

    It's a-holes like you that make me feel slightly embarrassed to admit to owning Apple products. Because I certainly don't want people thinking I'm anything like you.
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