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As to the Court's reasoning, Jacob said it was wrong to say the decision in the PepsiCo design case was "outdated" as it had since been confirmed on appeal at the General Court.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

Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
Sponsored by Licks Attorneys
Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants
Sponsored by Liu, Shen & Associates
Chunyu Cui and Ziqing Wu of Liu, Shen & Associates say recent trends in China’s intellectual property courts indicate alignment with international standards and send a clear signal to the global market
Gift this article