Apple posts the court-mandated apology to Samsung on its UK website, tucks it in the small print
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 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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13. MeoCao (unregistered)
this is not an apology so the Court should force Apple to say clearly:
" SS does not copy us and we are sorry for our stupid litigation"
2. clevername (Posts: 1428; Member since: 11 Jul 2008)
What a wonderful non-apology. Use the judges own words, to let people know you lost the appeal because you are cooler.
I seen the reason, but not an apology. Too funny.
22. Nathan_ingx (Posts: 2999; Member since: 07 Mar 2012)
aYpocritical (hypocritical) and iGoistic (egoistic) !!
36. addy23 (unregistered)
Apple is like a crying Bit*h
3. dangchitrung (Posts: 57; Member since: 04 Apr 2012)
"Apple is saving face by repeating those lines, and reminding readers that in other places Samsung has been found violating its patents"
By "Other Places", do you mean The US, USA, the States, Washington and North America?
Yeah, your rite.
16. Aeires (unregistered)
Don't forget 'California' and 'Apples back yard'.
7. The.Dark.Knight.Rises (banned) (Posts: 72; Member since: 24 Oct 2012)
They are cooler because they don't use cheap plastic like Samsung and that's why they have the more premium feel which Samsung will never get.
10. PAPINYC (Posts: 2237; Member since: 30 Jul 2011)
I can give you a 'premium feel' that would make your iPad seem flaccid.
19. The.Dark.Knight.Rises (banned) (Posts: 72; Member since: 24 Oct 2012)
Really? Which device do you have? Homemade device?
37. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)
Actually, if u look up the asus transformer tablets, they feature a stunning aluminun look on the back, which incorporates a glossy circular pattern that would definately provide a premuim feel.
21. rusticguy (Posts: 2826; Member since: 11 Aug 2012)
They are cooler becasue there's nothing hot in there. It's dumb device.
26. CDGMobile (Posts: 29; Member since: 26 Sep 2012)
First off lets not knock the quality of Samsung's material because Apple uses materials that Samsung provides so.... Second that premium feel... that same feel that comes out of the box scratched and dented leaking light and all that wont be achieved by Samsung because Lord knows once they make a phone or tablet with a similar "premium feel" Apple will no doubt be in court within the week saying hey judge we patented that we cant let them sell it because they are already selling more devices than we are in Q3
30. networkdood (Posts: 6263; Member since: 31 Mar 2010)
the Captivate has as much of a premium look and feel as an iphone....
8. GALAXY-STORM (Posts: 328; Member since: 13 Oct 2012)
Out of curiosity is there a possibility of someone bringing up a conciliatory treaty between the iphoner's and the galaxian's (Android fans) anytime or are these signs of the next Word War.
9. someones4 (Posts: 618; Member since: 16 Sep 2012)
Apple doesn't know how to say sorry... Defiant to the end..
12. timtimity (Posts: 196; Member since: 13 Aug 2012)
I hope the judge sees this. He told Apple to apologise. Not for Apple to print an article basically saying his judgement was wrong and to use the "apology" to promote their products.
17. Aeires (unregistered)
Didn't Samsung have to approve it as well?
18. timtimity (Posts: 196; Member since: 13 Aug 2012)
I'm not sure. I thought the court had to approve it too.
14. aelliott (Posts: 25; Member since: 01 Oct 2010)
Hidden out of view at the bottom of the screen - I needed to scroll down to find it - and absolutely no apology. The Courts MUST force Apple to change this and eat humble pie.
15. andro. (Posts: 1936; Member since: 16 Sep 2011)
Again apple trying to hide away the truths in small print!
20. Savage (unregistered)
What the heck? Was this an apology? Apple went on to just plainly state what the judge said. AAAND on top of that pointed out that in Germany Samsung was found out to be using unfair practices.
This DOES NOT look like an apology to me!
Btw, anyone who lives in UK, can show me a screenshot of the apology they would post in newspapers? Gotta make it my wallpaper.
32. BREvenson (Posts: 205; Member since: 17 May 2012)
I wouldn't bother making it a wallpaper, it will probably be the same drivel that Apple put on their website, apologizing, yet not apologizing. They will never come out and say it without either weakly defending themselves or citing issues in which they did win in court. It's like they are saying "We were wrong, but Samsung was wronger". (yes, I know it's not a real word, but Apple would probably put it that way)
Then again, it's Apple; they'll never say they were wrong.
34. Savage (unregistered)
Grr. They don't even leave their pride when they lose. Apparently its too much to ask for them to write "SAMSUNG DID NOT COPY US".
Nevermind, Apple is hopeless. This attitude, mocking competitors products, filling the market with useless upgrades will make em hit rock bottom.
23. Sniggly (Posts: 6820; Member since: 05 Dec 2009)
Jesus. First Phil Schiller lives up to parodies of Apple execs by saying "we charge our prices because we know you idiots will still give us your money," and now Apple lives up to parodies of it by being d**ks about a court mandated apology. The judge should find their asses in contempt for this move.
It's almost like Apple is trying to be cartoonishly villainous.
24. Sniggly (Posts: 6820; Member since: 05 Dec 2009)
For the record, anyone who wants to verify the apology presence simply needs to type the urlwww.apple.co.uk. There's a link to the statement Page at the very bottom where no one will usually look for such a thing.
25. chebner (Posts: 132; Member since: 17 Oct 2011)
"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."
Another instance of Apple blabbering a half truth, if you can even call it that. The UK case was specific to Samsung tablets. In the case in the US that Apple references the jury in fact found that the Samsung tablets DID NOT infringe Apple's design patents.
The judge in this case should do a couple things. First, force Apple to post a real apology that is displayed prominently where people won't miss it. Second, he should force Apple to acknowledge in the apology that the US jury also did not find Samsung to infringe Apple's tablet design patents.
27. networkdood (Posts: 6263; Member since: 31 Mar 2010)
This is not good enough - we need to see it in 30 font size with nothing else mentioned other than that Samsung did not infringe on its ipad. That is it - the other extra B.S. needs to be deleted. I am surprised that the judge did not ask to review the apology or statement prior to apple posting - another sour grapes move by apple.
28. BREvenson (Posts: 205; Member since: 17 May 2012)
Of course Apple will never come straight out and apologize for being wrong. They're too proud and arrogant to admit a weakness. Look how long it took for them to admit the errors on their devices, at least, in the cases that they did. If someone tells Apple that they didn't really apologize, they'll probably just say "You're reading it wrong".
Even when "apologizing", they still find a way to say that Samsung copied them, despite being forced by the court to say the exact opposite. What sense does that make?
29. networkdood (Posts: 6263; Member since: 31 Mar 2010)
Also, it needs to be visible on the first page, when you first enter the site - should be on all countries' sites :-)
31. Dubskillz (Posts: 9; Member since: 19 Jun 2012)
Apple should apologize to Samsung in the same fashion that Stan Marsh did to Jessie Jackson... Kiss it.... Apologize.... Apologize..... Lol!
33. xfire99 (Posts: 451; Member since: 14 Mar 2012)
I dont see any where on the website that they say Im Sorry to Samsung?
35. Rayvelynn (Posts: 123; Member since: 05 Jul 2012)
I just don't get this. Wouldn't Apple be considered as to copying Kindle since they were the first to have a design similar to the Ipad. I mean who patents round corners. smh