A Dutch appeals justice has deserted Apple's affirm that Samsung's Milky Way Tab 10.1 infringes its pattern rights.
It follows a statute final year in that a panel of judges threw out Apple's call for an injunction against its rival's inscription in the Netherlands.
This ultimate preference comes a week before a German appeals justice is set to order on a pattern right-related injunction postulated in the country.
EU courts might attain not similar conclusions, but must notify why.
The ultimate statute has been posted in Dutch on the web.
It explains that the Hague-based judges remarkable that the backs and sides of Samsung's inscription differed from the iPad's, and that the two firm's models differed in density - permitting sensitive users to heed between the companies' devices.
It mentioned Apple had sought a far-reaching clarification of its pattern rights, formed in segment on the thought that its model looked similar to a "mirror-smooth lake" onto that an picture appeared.
However, the Dutch justice ruled that Apple could usually affirm a narrower clarification given the "characteristic elements" of its pattern had formerly appeared other functions inclusive a 1994 concept video constructed by the Knight Ridder journal organisation and a 2004 US obvious filed in the name of contriver Helmers Ozolins.
Patent expert Florian Mueller's blog highlights that in December a California-based panel of judges had used similar drift to reject an bid by Apple to look for a pattern obvious connected injunction against Samsung in the US.
Samsung told the BBC that it welcomed the ultimate judgement.
"This statute once again demonstrates that Apple's products simply do not aver the egghead skill protections that it believes," a mouthpiece said.
"Samsung will go on to take all apt measures, inclusive authorised action, to make sure one after another consumer access to the innovative products."
Apple mentioned it had nothing definite to say about the ruling.
However, it referred the BBC to a previous matter that said: "It's no fluke that Samsung's ultimate products look a lot similar to the iPhone and iPad... This type of blatant duplicating is incorrect and, as we've mentioned many times before, you must be safeguard Apple's egghead skill when companies rob the ideas."
Dusseldorf Higher Regional Court is expected to ponder the ultimate statute when it considers Samsung's allure against a German sales anathema imposed on the Milky Way Tab 10.1 final August.
The South Korean firm redesigned its inscription and in November expelled a new model, the Milky Way Tab 10.1N.
Apple is moreover looking to anathema the newer model. A statute is scheduled to be given in early February.
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