Apple’s official apology to Samsung: “UK court says they didn’t copy the iPad, but they totally did!”

Apple and Samsung have been in and out of court more times in the last year than I can count. They have lawsuits against each other in virtually every continent. The case that gained the biggest press was in the US, where the jury decided that Sammy owed Apple somewhere in the region of $1B damages for copying its iOS user interface in TouchWiz. There was also an important trial in the UK, which found that Samsung’s Galaxy Tab did not copy the iPad.

Following the British judge’s decision, Cupertino was ordered to publish public apologies to Samsung, making it clear that the Korean tech firm did not infringe on its design patents. Apple’s team came up with a statement. It starts off quite well with:

On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following linkwww.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.

No “sorry” yet. Apple then goes on to quote the judge, who stated that although the devices were in the same category, the design was different enough, and that Samsung’s devices were not “as cool”. Still, with one paragraph remaining, Apple could surely fit in a humble “we’re sorry”?

However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design. A U.S. jury also found Samsung guilty of infringing on Apple’s design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc. So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple’s far more popular iPad.

Or, perhaps not. Apple clearly feels strongly that Sammy has copied its designs on more than on occasion, particularly with the iPad and iPhone. Cupertino’s legal team did the minimum possible to meet the judge’s demands, and came no where near an apology. Were we really expecting the iPhone makers to grovel?

Via: TNW

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FULL PRESS RELEASE (Found here)

Samsung / Apple UK judgment

On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic(UK) Limited’s Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do notinfringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the Highcourt is available on the following link www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.

In the ruling, the judge made several important points comparing the designs of the Apple and Samsung products:

“The extreme simplicity of the Apple design is striking. Overall it has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design.”

“The informed user’s overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool.”

That Judgment has effect throughout the European Union and was upheld by the Court of Appeal on 18 October 2012. A copy of the Court of Appeal’s judgment is available on the following link www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the registered design in force anywhere in Europe.

However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design. A U.S. jury also found Samsung guilty of infringing on Apple’s design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc. So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple’s far more popular iPad.

 

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  • Tom73

    Apple should have just said “We are sorry the the court ruled that your tablet is not as cool as the iPad.”

  • jimmie

    apple get a life bro seriously lol. all these law suits are getting REALLY annoying. and i own an iphone

  • http://blog.ringcentral.com/ business tips

    This is also very confusing. In one country, the court ruled that Samsung copied some of Apple’s designs, but in another country, a court ruled that it didn’t. Laws can be very subjective. We should have clear guidelines regarding what can be considered as copying and what can’t be considered as such.