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1D Electronics 2012-2014

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The German and Dutch decisions• These are Community wide rights and harmony between courts of different member states on issues like this is very desirable. However I find myself in a position in which I respectfully disagree with the assessment of the Dutch Court of Appeal on Stevenson and the German Court of Appeal on Ozolins. These documents form important parts of the design corpus. Ozolins played a significant role in both decisions, especially the German decision, and Stevenson was important in the Dutch decision. Given these areas of disagreement and given their preliminary character, I will not place reliance on the German or Dutch decisions nor will I make this judgment longer than it already is by analysing those decisions in detail. Wireless chipmaker Broadcom, which makes Bluetooth and other wireless chips for phones, tablets, routers and game consoles, has invested heavily in expanding its portfolio of processors for phones that need more processing power, co-founder and Chief Technology Officer Henry Samueli said at the Consumer Electronics Show. Schüler, D., Buchert, M., Liu, R., Dittrich, S., & Merz, C. (2011) ‘Study on Rare Earths and Their Recycling: Darmstadt: Öko-Institut e.V. The law • Council Regulation (EC) No 6/2002 applies to this case. There is no point in quoting the Articles in this judgment. Article 3 defines "design". Articles 4, 5 and 6 relate to validity, a design must be new and have individual character. Article 8 excludes features dictated solely by function. Art 10 defines the scope of protection in a manner analogous to the definition of individual character in Art 6. A design will infringe if it does not produce on the informed user a different overall impression. In assessing the scope of protection, the degree of freedom of the designer in developing his design shall be taken into consideration. Recital 14 explains that overall impression depends on the existing design corpus, the nature of the product, the industrial sector and the degree of freedom of the designer.

Its plight is a potential opportunity for the electronics industry, which has been pushing into healthcare. v)(c) Samsung Tablets' similarity to this feature• There is a tiny difference between the appearance of the sides of the Galaxy Tab 7.7 as opposed to the Tab 10.1 and Table 8.9. I do not regard it as material and will consider all three tablets together for this feature. In considering what to do I believe I should consider whether any party would be prejudiced by the stay or by the refusal of a stay, I must consider the policy behind this part of the Regulation and the risk of inconsistent judgments and I must look at the overall balance of justice. All this is carried out bearing in mind that the Regulation provides that the court shall stay the infringement action unless special grounds exist not to do so. The clear emphasis is on a stay. To avoid it there must be special grounds not to. Ives, M. (2013) ‘Boom in Mining Rare Earths Poses Mounting Toxic Risks’, Yale Environment 360. https://e360.yale.edu/feature/boom_in_mining_rare_earths_poses_mounting_toxic_risks/2614/ (Accessed September 2014) I doubt any designer would design a hand held display device with flat sharp precisely 90° corners. There is a degree of corner rounding in all these designs and to that extent the design freedom is limited somewhat. However although some degree of rounding of corners is ubiquitous, the degree of rounding differs substantially from product to product. The considerations of volume, display size and ergonomics are trade offs which illustrate design choices the designer has to make. The appearance of the article plays an important part of that process of choice. Designers wanting a clean crisp appearance can choose quite sharp corners like the IBM ThinkPad. Designers can choose a highly rounded shape if they wish (see the Chumby below).Sony, Panasonic and Fujifilm have already been examining the scope and timing of a possible equity stake in Olympus, sources familiar with the matter have said. Panasonic's comment has failed to extinguish talk in Japan that it might yet take a stake in Olympus, once the disgraced firm has finally put the accounting scandal behind it. Alonso, E., Sherman, A. M., Wallington, T. J., Everson, M. P., Field, F. R., Roth, R., & Kirchain, R. E. (2012) ‘Evaluating Rare Earth Element Availability: A Case with Revolutionary Demand from Clean Technologies’, Environmental Science & Technology, 46 (6): 3406–3414. doi: 10.1021/es203518d

The existing design corpus• Samsung's Schedule A represented its case on the design corpus. Subject to a point on item 51, Apple accepted it with some additions in the evidence of Mr Ball. It is not possible to attach images of the whole design corpus to this judgment. A point arising on Ozolins concerns the rear of the housing. As far as the rear is concerned, figure 1 is more generalised than figure 9. Figure 1 has a rectangular region 320 marked on the rear unit 300. The document explains that:Are these two differences enough to overcome the similarity at the front and the similarity in overall shape? Apple submitted that the front face and overall shape are what matters because the informed user will principally spend his time looking at the front face and holding the object in his hand. I do not regard the overall shape as very significant but there is a very obvious visual similarity at the front. In my judgment the key to this case is the strength or significance of that similarity. As I have said the significance of the near identity of the front surfaces of these products is reduced to a degree by the existence of similar fronts in the design corpus. The question is – to what degree?

Birraux, C., & Kert, C. (2011) Les enjeux des métaux stratégiques: le cas des terres rares: Office parlementaire d’évaluation des choix scientifiques et techniques. Over time, this half-step will become a whole one, and mobile operating systems will dominate. The transition won’t be complete by the end of 2012, but we’ll be much further down the path, and using computer mice much less often.Weslosky, T. (2012) ‘The Ultimate Rare Earth Trade Stakes: China vs. Japan Retrieved 2014’, 23 October http://www.hastingsraremetals.com/wp-content/uploads/2012/06/REE+World+V25+-+Weslosky1.pdf. Although the precisely rectangular shape of the screen has led the designer of this device to create a broadly rectangular product, the article has curved sides and is not symmetrical on two axes. It has a mirror plane of symmetry running vertically but no mirror plane of symmetry running horizontally. Apple submitted that the advances in technology meant that the informed user would not attribute much significance to the fact that the Galaxy tablets are so much thinner. They are thinner because technology has advanced. I do not doubt that the very thin profile of the Samsung tablets is to a large degree the result of technological advances since 2004. However I have rejected on principle the argument that this could justify reducing the significance to the informed user of this difference in their appearance. Despite rejecting the point on principle I will consider it on the facts next.

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