Apple has failed to persuade a court in the Netherlands that rival tablet computer maker Samsung has breached its design rights.
The Gerechthof 's-Gravenhage in The Hague yesterday declined to grant Apple’s appeal against a ruling by a lower court in August when it refused to order a preliminary injunction against Samsung’s Galaxy Tab 10.1 in the Netherlands.
The dispute focused on Apple’s registered Community design 000181607-0001.
Florian Müller of Foss Patents says that the Court did not invalidate Apple’s design right but it did conclude that the valid scope of the company’s design right is too narrow. As a result, it said that Samsung had not infringed the design.