Four reasons Samsung’s tablet design defence will likely fail

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Andrea Stone explains how her in-house experience gives her a unique perspective, and why Ballard Spahr’s combination with Lane Powell made it an ideal time to join
The pair had been fighting in multiple jurisdictions but have agreed to settle all litigation
Law firms may try to relate PTAB briefs to broader economic concerns in response to the USPTO’s latest guidance
IP Inclusive’s 10-year celebration provides reasons to be positive in the face of troubling attacks against DEI initiatives
Microsoft allegedly uses the HEVC technology in a range of products and offers an extension as an add-on
A group of five lawyers who joined Cleary Gottlieb say they want to help expand the firm’s IP litigation practice
As we build up to another busy year for the IP STARS rankings and our Managing IP Awards, we assess some of the major IP firms and trends in Germany
Florina Firaru discusses making new connections, the art of flower arranging, and the biggest misconception about IP
The firm, which appointed three IP partners from A&O Shearman, wants to develop a tier one practice in Europe
The England and Wales appeals court handed down its judgment just seven working days after hearing the trademark dispute involving pharma company Merck
Gift this article