Today a Dutch court decided to reject an appeal filed by the Apple company against a decision given by another court in the same country. The appeal attacked the decision by which the Apple company rejected its claims to prohibit the sale of the Samsung Galaxy Tab 10.1 in the Netherlands due to the infringement of patents related to the design of the tablet. It seems that the court's decision was based on the discovery of two design elements that, although registered by the Apple company, can be found in devices presented many years ago.
Following the statement from Apple that its model attractive 'minimalist' or 'tight' shape, it is judged noted that "minimalist" design basically means that the contours are followed as defined by technology and ergonomics of the device are dictated and in determining the scope of this model, technical or other practical / ergonomic elements be disregarded. Considered further given that the backs and sides of the Galaxy Tabs 10.1v and 10.1 differ from those of the Apple model, the judge concluded that the Samsung tablet has a different overall impression than that model, so there is no breach.
HP Compaq's tc1000 and the concept for the Knight Rider tablet (which you can see in the video clip below) were taken into account by the Dutch court and based on them, Apple's appeal was rejected because the aesthetic elements that Samsung was accused of copying them, they were not exactly unique. Even if he lost the appeal, not all the design elements that Apple can invoke were presented in court, so there is a chance that new lawsuits will be filed. Basically, the Dutch court decided that the design of the iPad 2 was found in the past on other devices and Apple cannot defend it now.
[youtube]http://www.youtube.com/watch?v=JBEtPQDQNcI[/youtube]
