Samsung sought a declaration that it’s Galaxy tablet did not infringe Apple’s registered Community Design right. Apple now appealed against a refusal of a stay of the action. The court considered the possible jurisdictions to hear applications for declarations of non-infringement.
Held: ‘on our reading of article 91(1) it does not require that Samsung’s claim should be stayed, despite Apple’s counterclaim, but it does require Apple’s counterclaim to be stayed, unless there are special grounds for ‘continuing the hearing’, that is to say for allowing it to proceed without imposing a stay. ‘
Judges:
Lord Neuberger MR, Lloyd, Moore-Bick LJJ
Citations:
[2012] WLR(D) 166, [2012] EWCA Civ 729
Links:
Statutes:
Council Regulation (EC) No 6/2002 on Community designs 91(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – Samsung Electronics (UK) Ltd and Another v Apple Inc ChD 4-Apr-2012
The parties were engaged in worldwide litigation disputing an alleged infringement of Apple’s registered design by Samsung’s Galaxy tablet computer. In this case, Samsung sought a declaration of non-infringement. Apple counterclaimed, alleging . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 31 October 2022; Ref: scu.459843