Jacob attacks German court in rejecting Apple’s UK design appeal

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Jacob attacks German court in rejecting Apple’s UK design appeal

Sir Robin Jacob, sitting in the Court of Appeal in London, has issued a lengthy criticism of the Düsseldorf court as part of a ruling today against Apple

The Court of Appeal's ruling rejected an appeal by Apple against a finding of non-infringement by the High Court in July, claiming infringement of Apple registered designs by Samsung's Galaxy tablets.

The High Court ruling achieved notoriety because Judge Colin Birss said the Galaxy was not close enough to the Apple designs as it was not as "cool" given the latter's "extreme simplicity" of design.

Jacob, giving the judgment at the Court of Appeal at the invitation of Lord Justice Longmore, spent eight paragraphs criticising a ruling on July 24 by the German Court of Appeal. That ruling had granted a pan-European interim injunction against Samsung over the Galaxy 7.7, based on the same Community design rights.

Jacob criticised the German court's grounds for jurisdiction, the basis for an interim injunction and its reasoning on the merits.

He pointed out that no German court was "first seized" of a claim for declaration of non-infringement, and indeed Apple later withdrew its claim for infringement in Germany. As the High Court in England was sitting as a Community court, its decision of non-infringement was binding throughout the European Community. And that has now been upheld on appeal.

"The Oberlandesgericht apparently also thought it had jurisdiction because the party before it was SEC [Samsung] whereas the party before the English court was SEC's UK subsidiary. With great respect that is quite unrealistic commercially - especially as I shall recount below, Apple at least took the view that SEC would be liable for the subsidiary's actions. They were all one 'undertaking'. I use the word of EU law for this sort of situation," Jacob wrote.

As to the Court's reasoning, Jacob said it was wrong to say the decision in the PepsiCo design case was "outdated" as it had since been confirmed on appeal at the General Court. And it misunderstood Judge Birss's points about trade marks in the case.

In conclusion, Jacob made a point he has frequently returned to in recent years: that European courts should listen to each other. If they don't, and simply make inconsistent decisions without explanation about why they disagree – as the Düsseldorf court did – then Europe will have to wait for a common IP court. Which could still take a long time.

Barristers Henry Carr and Anna Edwards-Stuart and law firm Simmons & Simmons acted for Samsung. Apple was represented by barristers Lord Grabiner, Michael Silverleaf and Richard Hacon and law firm Freshfields Bruckhaus Deringer.

You can read the decision here.

more from across site and SHARED ros bottom lb

More from across our site

Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Gift this article