Apple has launched a bid to overturn a High Count decision made in July in favour of Samsung which would see Apple have to take out adverts to ‘correct the damaging impression’ that Samsung copied the design of the iPad for its Galaxy Tab tablet.
A statement also had to be posted on the Apple’s website for six months making it known that Samsung ‘did not copy the iPad’, as part of the ruling.
However, Apple is saying that the trial judge put too much emphasis on the difference of design on the back of the two tablets, and did not look at the similarities of the front.
Michael Silverleaf QC, representing Apple, said the judge had made his decision based on ‘decoration’ and ‘far too little weight [was given] to the features of the front’.
Henry Carr QC, representing Samsung, accused Apple of wanting to hold a monopoly over the basic features of a tablet and suggested that the company had ‘exaggerated’ images to make the Samsung Galaxy Tab look more like the iPad.
The panel of three appeal judges has now retired to consider its judgement.