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1D Electronics 2012-2014

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Before me both parties agree that the counterclaim should not be stayed. That disposes of any prejudice. The parties are best able to look after their own interests. Samsung have not sought a declaration of invalidity in these proceedings and both sides agree therefore that there is no risk of inconsistent judgments between the Community design court and OHIM. As regards considering the issue of infringement, this action is going to consider infringement anyway since that is the purpose of Samsung's claim for a declaration. On any view the matter is plainly commercially urgent. Morrison, W. M., & Tang, R. (2012) ‘China’s Rare Earth Industry and Export Regime: Economic and Trade Implications for the United States’, CRS Report for Congress: Congressional Research Service. and rotate the turntable. The low-current electronic circuits (red) control these high-powered circuits, For Samsung, Mr Sherman set out to consider whether or not the seven features making up Apple's list of similarities were dictated solely by function. He did so by explaining technical or functional reasons for each of these features. He took each feature in turn and explained its functional advantages. Mr Silverleaf submitted that Mr Sherman had no interest in aesthetics and was looking at the matter simply as a functional engineer. His mindset was function. Mr Silverleaf submitted that this was not helpful evidence on design freedom.

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

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Gu, B. (2011) ‘Mineral Export Restraints and Sustainable Development—Are Rare Earths Testing the WTO’s Loopholes?’, Journal of International Economic Law, 14 (4): 765–805. doi: 10.1093/jiel/jgr034 Constantinides, S. (2011) Rare Earth Materials Update. Paper presented at the Management Conference, Rancho Bernardo Inn, San Diego.

You are going to start seeing products the end of this year and the end of next year in our portfolio that are starting to creep into the high end," Samueli said. Karapinar, B. (2011) ‘China’s Export Restriction Policies: Complying with ‘WTO Plus’ or Undermining Multilateralism’, World Trade Review, 10(03): 389–408. doi: doi:10.1017/S1474745611000218.

However I did not hear detailed argument on this point and Apple did not dispute that the design corpus in this case included all the items in Schedule A (save for one which post-dated the design). The case has been argued on that footing and I will work on that basis. That means that no issue of law arises before me on content of the design corpus and I do not need to consider the law on that question. i)(d) Overall significance of "a rectangular, biaxially symmetrical slab with four evenly, slightly rounded corners"• The rectangular display screen is totally banal and determined solely by function. Apart from that there are some other design constraints applicable to this feature but they do not account for the identity between the Samsung tablets and the Apple design. These devices do not need to have biaxial symmetry nor be strictly rectangular. Nevertheless the significance of this identity is reduced by the fact that there are other designs in the design corpus which are very similar too. At paragraph 41 of Dyson, Arnold J expressed a qualification to the idea that a markedly different design always gets a broad scope of protection. If the design is based on new technology which brings new design constraints then the differences between the design and the existing corpus based on old technology might have little relevance when it comes to comparing a subsequent design based on the new technology with the registered design. Apple submitted that this was correct. I agree. 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.

ii)(d) Overall significance of this feature• There are modest design constraints applicable to this feature but they do not account for the close similarity between the Samsung tablets and the Apple design. Setting aside the design corpus, the close similarity between Apple and Samsung would be very striking. However the design corpus contains some identical and very close designs albeit that many other more ornamented design are available too, as well as designs incorporating a bezel. Overall the informed user's knowledge of the design corpus reduces the significance of this similarity somewhat.Disney already has second-screen apps for movies such as “The Lion King” and “Bambi,” while multiple TV networks have similar offerings: We can expect many, many more to be released in 2012. v) He conducts a direct comparison of the designs in issue unless there are specific circumstances or the devices have certain characteristics which make it impractical or uncommon to do so ( PepsiCo paragraph 55).• I would add that the informed user neither (a) merely perceives the designs as a whole and does not analyse details, nor (b) observes in detail minimal differences which may exist ( PepsiCo paragraph 59). What’s that, you ask? Near Field Communication essentially lets you replace your credit cards with your phone: Wave an NFC-enabled phone near the credit card reader in a store (or taxi cab), and the money is deducted from your account. Tse, P.-K. (2011) ‘China’s Rare-Earth Industry’, U.S. Geological Survey Open-File Report 2011–1042, USGS.

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