Four reasons Samsung’s tablet design defence will likely fail

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

Four reasons Samsung’s tablet design defence will likely fail

galaxy-tab-10-1-wifi-45.jpg

Christopher Carani explains how pre-trial rulings in Apple v Samsung spell trouble for Samsung, and what the lesson is for the hundreds of companies watching the case

apple-ipad-tablet-new.jpg

Allegations of design patent infringement, not utility patent infringement, are at the core of the epic battle between Apple and Samsung pending in the Northern District of California. Given the recent global surge in attention paid to design rights, it is only fitting that the highest profile patent infringement case to date thrusts design patents onto the main stage and into the spotlight. Indeed, of the $2.525 billion in damages that Apple is seeking, $2.0 billion can be attributed to alleged design patent infringement. In its chief case, Apple has asserted four design patents directed generally at the following three categories: (1) smart phones, (2) tablets, and (3) graphic user interfaces (GUIs). While there is uncertainty as to Apple’s infringement case regarding Samsung’s smart phones and GUIs, as to Samsung’s tablets, a close look at pre-trial rulings, including recent crucial evidentiary decisions, reveal that with respect to Samsung’s defence of non-infringement the writing is likely on the wall.

Koh’s take on the claims

Shown in the image here, in the left-hand column, are the nine views of Apple’s asserted D504,889 (D‘889), a design which Apple says is commercialised in its iPad and iPad2 tablets. On the right-hand column are the corresponding views of Samsung’s accused Galaxy 10.1 Tab tablet.

galaxy-tab-10-1-wifi-new.jpg

In her July 27 Claim Construction Order, Judge Lucy Koh, who is presiding over the case, largely took a hands-off approach, concluding that the D‘889 design patent simply claims the ornamental appearance of an electronic device as shown in the patent figures.She did add, however, that for figures 1-3, the oblique line shading (or the diagonal lined surface shading) denotes a “transparent, translucent and highly polished or reflective surface”. While the oblique line shading was clearly intended on figures 1 and 3 (the front-side), inclusion of oblique line shading on figure 2 (the back-side) would appear to be in error. After all, the back-side of Apple’s iPad has a brushed aluminum finish that is matted, not polished or reflective. Despite Apple’s arguments to the contrary, Koh concluded that the drawings as depicted would govern – no exceptions.

This ruling gives Samsung a bit of good news, for it now has an opportunity to argue that its tablets, which have plastic back-sides that have the appearance of brushed aluminum, are different than the design of D‘889 which claims a back-side having a “transparent, translucent and highly polished or reflective surface”. Unfortunately for Samsung, the good news on its tablet non-infringement defence ends here, for the following reasons.

Reason number one>>

more from across site and SHARED ros bottom lb

More from across our site

Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
Gift this article