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Design Compliance of Samsung Electronics v Apple Inc - Case Study Example

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In the following paper “Design Compliance of Samsung Electronics v Apple Inc,” the author discusses the case about Apple’s registered design and the products belonging to Samsung. The product design registered was not the same as that of the iPad.  …
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Extract of sample "Design Compliance of Samsung Electronics v Apple Inc"

Download file to see previous pages The consideration here was simply whether the accused design was too close to the registered design in accordance with the tests laid down in the law. It wasn’t a matter of whether or not Apple could have sued in England and Wales for copying utterly irrelevant to this case. In case, they could, they did not. Likewise, infringement of any patent for an invention is never an issue. Quite a lot of differences in the products existed. For instance, the iPad seemed thinner and has noticeably different curves on its sides.
Preliminary Injunctions for this case were applied by apple in respect of all three Samsung tablets in the Netherlands. It got a setback at first instance and on appeal. The Apple inc. had an outstanding petition to the Supreme Court on a point of law. On September 8th, 2011 Samsung issued a claim against Apple for a declaration of non-infringement.On June 27th, 2011 Apple applied for a preliminary injunction in respect of Spain. Samsung issued a claim for a declaration of non-infringement on 8th September 2011. The claim is ongoing and Apple is challenging jurisdiction. In Germany, on 4th August 2011, Apple did apply ex parte for the same (a preliminary injunction), for this, It was granted without Samsung getting an opportunity of being heard. More important, it was granted on a pan-European basis. The existing defendants were SEC and its local German subsidiary. On 25th November 2011, Apple issued the main action in respect of all the Samsung tablets.  ...Download file to see next pagesRead More
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