Apple v Samsung [2012] EWCA Civ 1339
The registered design dispute in which Apple alleged that Samsung’s Galaxy Tabs infringe one of its registered designs filed during the development of the iPad. The action began with a dispute about whether the proceedings should be stayed, finally resolved by the Court of Appeal in favour of them continuing: see [2012] EWCA Civ 729. The trial was heard by Judge Birss in the High Court who held that the design was not infringed because the Samsung design was not as cool as Apple’s: see [2012] EWHC 1882 (Pat). The appeal was heard in September 2012 and the decision was handed down in October [2012] EWCA Civ 1339.
Several members of chambers have been involved in this case. Michael Silverleaf QC and Richard Hacon represented Apple whilst Henry Carr QC led Kathryn Pickard and Anna Edwards-Stuart at different stages of the litigation for Samsung.