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As to the Court's reasoning, Jacob said it was wrong to say the decision in the PepsiCo design case was "outdated" as it had since been confirmed on appeal at the General Court.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

As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
With patent filings stagnant, fewer clients litigating and market consolidation at play, Canadian firms are considering how to challenge the established players
IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
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
Gift this article