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The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.

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TUESDAY, 29 MAY 2012
Apple appeal: decision tomorrow
Not everything that looks like an apple is an apple;
these are Asian pears ...
In April, Class 99 brought news of the first instalment of what might turn out to be quite protracted litigation between Apple and Samsung -- the veritable Tweedledum and Tweedledee of tablet computers -- in which the High Court (Mr Justice Mann) considered whether he had jurisdiction to hear Samsung's application for a declaration of non-infringement of Apple's design right and decided not to stay Samsung's application.

Lots has happened since: Mann J refused Apple permission to appeal the decision not to grant a stay; Lord Justice Kitchin thought this wrong and granted permission, so the Court of Appeal sat last Monday, 21 May, to hear that appeal. 

Tomorrow at 10.00am the Master of the Rolls, Lord Justice Lloyd and Lord Justice Moore-Bick will hand down their judgment. Will they allow Apple's appeal against the decision not to stay Samsung's application for a declaration of non-infringement? If they do or don't, will there be a further appeal on this procedural issue? We'll soon find out!
Posted by: Blog Administrator @ 13.46
Tags: Apple v Samsung tablet war, declaration of non-infringement,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA342

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