U.K. Court orders Apple to pay Samsung's legal fees
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Judge Robin Jacobs is peeved at Apple |
Ordering that Apple pay Samsung's costs on an indemnity basis is a sign that the court disapproves of Apple's conduct in this case, especially as it was related to an order made by the court. Additionally, the court released its list of things it found false with Apple's first post (see below) and why it decided to force Apple to keep the new notice up until December 15th (check the sourcelink).
From reading excerpts from the court's ruling, it is obvious that the judge is upset and angry with Apple's behavior in this matter. Is this an isolated situation or is this another sign of the unraveling that seems to be taking place at Apple?
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.
That is false in the following ways:
(a) "Regarding the same patent." No patent of any kind has been involved in Germany or here, still less "the same patent."
(b) As regards the Community Registered Design, the German Courts held that neither the Galaxy 10.1 nor the 8.9 infringed it. As to the 7.7 there was for a short while a German provisional order holding that it infringed. Whether there was a jurisdiction to make that order is very doubtful for the reasons given in my earlier judgment but in any event the order had been (or should have been) discharged by the time the Contested Notice was published.
(c) There is a finding and injunction, limited to Germany alone, that the 10.1 and 8.9 infringe German unfair competition law. But the statement is likely to be read as of more general application.
23. The second sentence reads:
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.
That is misleading by omission. For the US jury specifically rejected Apple's claim that the US design patent corresponding to the Community Design in issue here was infringed. The average reader would think that the UK decision was at odds with that in the US. Far from that being so, it was in accordance with it.
24. The third sentence reads:
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 wilfully copied Apple's far more popular iPad.
This is calculated to produce huge confusion. The false innuendo is that the UK court came to a different conclusion about copying, which is not true for the UK court did not form any view about copying. There is a further false innuendo that the UK court's decision is at odds with decisions in other countries whereas that is simply not true.
25. The reality is that wherever Apple has sued on this registered design or its counterpart, it has ultimately failed. It may or may not have other intellectual property rights which are infringed. Indeed the same may be true the other way round for in some countries Samsung are suing Apple. But none of that has got anything to do with the registered design asserted by Apple in Europe. Apple's additions to the ordered notice clearly muddied the water and the message obviously intended to be conveyed by it."-U.K. Court
source: Groklaw, TheVerge via Gizmodo
Story timeline
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2 January Samsung will have to reveal sales data in Apple patent lawsuit
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7 December Judge Koh pleas for 'global peace' between Apple and Samsung for the sake of consumers, incites laughter
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6 December Samsung and Apple meet with Judge Lucy Koh for post-trial hearing
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6 December Apple and Samsung return to court for hearing in front of Judge Koh
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5 December Google's Eric Schmidt on the relationship with Apple: the adults are talking now
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42 Comments
10. MeoCao (unregistered) posted on 11 Nov 2012, 02:56 35 0
And the Court should order Apple to apologize again, a real apology this time that will not be hidden by some deceitful codes.
People yet to see an apology from Apple.
13. PapaSmurf posted on 11 Nov 2012, 03:20 16 1
They still won't do it. They'll pull off the same stunt they have the past two "apologies."
21. PhenomFaz posted on 11 Nov 2012, 03:49 11 0
Apple must really hate this saying right now....
"Karma is a real b!y@ch!!!"
37. CellieCell posted on 11 Nov 2012, 23:12 1 0
Or, "how ya like them apples!"
40. PhenomFaz posted on 12 Nov 2012, 09:04 0 0
I like my apples in apple pies :)....and I just LLLOOOOVVVVEEEE Apple Pies!
28. PAPINYC (limited) 2 days ago posted on 11 Nov 2012, 13:21 5 0
The U.K. Court should make Tim Cook run naked through a place like London's West End, only wearing a cow bell (or, in this case, a §h€€p bell) around his neck and a Galaxy Tab 2 10.1 tablet in his arms while exclaiming, "The British are coming, the British are coming!!!"
33. XPERIA-KNIGHT posted on 11 Nov 2012, 17:07 1 0
LMFAOOOOOOOOOOOOOO!!!!
42. Jobes posted on 12 Nov 2012, 13:58 0 0
So they lose and are unwilling to do as the court orders.. so if Samsung decides not to pay the 1b and keeps writing phony checks to Apple just to watch them try to cash it that makes it ok?? Only thing fair to you Mxy is for Apple to win every case.. and be the only company standing.
18. AnTuTu posted on 11 Nov 2012, 03:30 3 1
Here's your black days begins again A 4 Apple
WoW all of my statements are turning into truth :)
23. Foxytail posted on 11 Nov 2012, 08:13 1 0
You are damn wrong!! C 4 = C4... so?? let's boom apple... like a boss B-)
41. dsmboost posted on 12 Nov 2012, 09:12 0 0
There is something seriously wrong with you. Your dedication to Apple is borderline obsessive because of how upset you get over these things. It's just a damn company..do you really think it cares about you? You weren't this upset when Apple sued Samsung in the US about how samsung "copied" some generic looking icons that have been around for decades. Just grow up man..loyalty to one particular company is foolish. And that goes to android fanboys as well.
3. PapaSmurf posted on 11 Nov 2012, 02:41 19 0
I have no sympathy for them. They did this themselves by thinking they had balls in the first place.
6. someones4 posted on 11 Nov 2012, 02:52 13 0
Just a few more of these episodes and it might be over.
9. PapaSmurf posted on 11 Nov 2012, 02:53 9 0
This can relate to Survivor, but we all know Samsung will win lol. :)
8. No_Nonsense posted on 11 Nov 2012, 02:53 15 0
So can we have more judges like him and Posner?
15. PapaSmurf posted on 11 Nov 2012, 03:24 1 0
It's nice and sunny in Samsungville and in Appleville they seem to be suffering from a hurricane with wind speeds of over 90mph.
14. Rocksteady posted on 11 Nov 2012, 03:22 2 0
First, I received the Jelly Bean update, and now this great news.
Have a nice day everybody.
20. Rocksteady posted on 11 Nov 2012, 03:43 1 0
Samsung S3 international, got the update when connected the phone to my office pc via kies.
27. darac posted on 11 Nov 2012, 13:13 0 0
I received mine three days ago OTA..couldn't have went easier and better.
Samsung definitely won me over
19. angelesmec posted on 11 Nov 2012, 03:36 3 0
Take that! Very simple instructions you cannot comply. I hope Apple become extinct in the face of the planet!
24. alfistas posted on 11 Nov 2012, 09:46 0 1
All you fandroids do realize that what goes around comes around right?? Google will have to face Microsoft soon... and that wont be pretty! :-)
26. lyndon420 posted on 11 Nov 2012, 12:22 0 0
No need to remind us. Sometimes it seems like we are the only ones that are aware of what's actually going on around us. Apple is like a crime boss and ms is on the streets like a wannabe gangster taking everyones lunch money in exchange for mediocre protection from them.
39. alfistas posted on 12 Nov 2012, 07:05 0 0
Google is known for being the THUG company. Everyone knows that. No other company has ever harmed their customers more than Google. They have repeatedly stolen your personal information and then sold it to other THUGS. They refuse to offer any sort of buyer protection and their PLAY store is full of VIRUSES and SPYWARE!! Latest numbers show that 25% or 110.000 apps from PLAY are JUST THAT: SPYWARE!!!
And you keep supporting such a company??? You think yourself better than us Windows or iOS users but you're the real loser my friend... sorry!
25. lyndon420 posted on 11 Nov 2012, 12:13 0 0
Yay!!! The days of apple having any clout are dwindling away. The blind will see again, and in this I'm referring to the court and patent systems...the followers will take longer as the crazy glue apple issued with their bumper cases has been slathered all over their entire faces.
29. vijaysivakula posted on 11 Nov 2012, 13:35 0 0
Wonderful! Just goes to show the British dont enjoy and encourage bull$#!t.
30. techguy22 posted on 11 Nov 2012, 14:17 0 0
this is really hilarious. would apple learn anything this ?
i hope they dont. so things like that can keep happening to them :D
Apple please file another lawsuit :p
35. Aeires (unregistered) posted on 11 Nov 2012, 18:27 0 0
Apple's biggest mistake, easily. Other judges are going to hear about this and their days of ruling the courtroom are over. Judges don't like to be embarrassed, Apple has some tough days ahead should they continue their lawsuit tactics.
36. ddeath posted on 11 Nov 2012, 21:05 0 0
Apple is getting too big for their shoes. It is like looking at history repeat itself, where giant cooperation gets too arrogant for their own good and plummet from there. Keep on going Apple, keep on going.
