Appealing Design: Apple Must Publicise Unsuccessful Case Against Samsung

The Court of Appeal has handed down its judgment in relation to the dispute between Samsung and Apple concerning Samsung's tablet computers and a registered Community design owned by Apple.  The Court dismissed Apple's appeal and upheld the first instance High Court judgment.  In doing so, the Court of Appeal has confirmed that Samsung's tablet computers do not infringe Apple's registered design, and that orders requiring a claimant to publicise decisions of non-infringement are a valid remedy within the jurisdiction of the court.  The Court of Appeal also criticised a decision of the German Court of Appeal, the Oberlandesgericht, for producing a decision that conflicted with the High Court judgment, leading to commercial uncertainty.