Apple posts the court-mandated apology to Samsung on its UK website, tucks it in the small print

posted by Daniel P. / Oct 26, 2012, 3:34 AM

Apple posts the court-mandated apology to Samsung on its UK website, tucks it in the small print

Apple recently lost the appeal against an UK court decision to post on its website and in leading printed media that the court found Samsung not infringing on its iPad patents, and now the mandated apology is up on its UK website.

The UK judge joked in his case arguments that Samsung's tablets don't have that "cool" status the iPad possesses, so they can't be infringing, and Apple is saving face by repeating those lines, and reminding readers that in other places Samsung has been found violating its patents:

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 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.

The info about the UK court's decision is tucked away in the lower right corner as a simple link, but it's there, and the printed version in UK newspapers and magazines shouldn't be far behind.

source: AppleUK

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37 Comments

1. Topcat488

Posts: 1416; Member since: Sep 29, 2012

i'm sorry.

posted on Oct 26, 2012, 3:47 AM 2

6. official.apple

Posts: 2; Member since: Oct 26, 2012

no it is me who should be sorry :/

posted on Oct 26, 2012, 4:21 AM 6

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"

posted on Oct 26, 2012, 5:12 AM 6

11. Topcat488

Posts: 1416; Member since: Sep 29, 2012

iSorry.

posted on Oct 26, 2012, 5:05 AM 7

2. clevername

Posts: 1436; Member since: Jul 11, 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.

posted on Oct 26, 2012, 3:50 AM 13

5. Ohrules

Posts: 327; Member since: Jun 11, 2012

that last paragraph....

posted on Oct 26, 2012, 4:14 AM 6

22. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

aYpocritical (hypocritical) and iGoistic (egoistic) !!

posted on Oct 26, 2012, 6:54 AM 1

36. addy23 unregistered

Apple is like a crying Bit*h

posted on Oct 26, 2012, 3:44 PM 3

3. dangchitrung

Posts: 89; Member since: Apr 04, 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.

posted on Oct 26, 2012, 3:57 AM 11

16. Aeires unregistered

Don't forget 'California' and 'Apples back yard'.

posted on Oct 26, 2012, 5:47 AM 1

4. scnix

Posts: 41; Member since: Jul 01, 2010

No Apple header too haha

posted on Oct 26, 2012, 4:12 AM 1

7. The.Dark.Knight.Rises

Posts: 72; Member since: Oct 24, 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.

posted on Oct 26, 2012, 4:22 AM 0

10. PAPINYC

Posts: 2315; Member since: Jul 30, 2011

I can give you a 'premium feel' that would make your iPad seem flaccid.

posted on Oct 26, 2012, 4:54 AM 7

19. The.Dark.Knight.Rises

Posts: 72; Member since: Oct 24, 2012

Really? Which device do you have? Homemade device?

posted on Oct 26, 2012, 6:00 AM 1

37. Sackboy117

Posts: 178; Member since: Oct 17, 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.

posted on Oct 26, 2012, 4:09 PM 1

21. rusticguy

Posts: 2828; Member since: Aug 11, 2012

They are cooler becasue there's nothing hot in there. It's dumb device.

posted on Oct 26, 2012, 6:49 AM 4

26. CDGMobile

Posts: 29; Member since: Sep 26, 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

posted on Oct 26, 2012, 8:50 AM 3

30. networkdood

Posts: 6330; Member since: Mar 31, 2010

the Captivate has as much of a premium look and feel as an iphone....

posted on Oct 26, 2012, 10:48 AM 1

8. GALAXY-STORM

Posts: 328; Member since: Oct 13, 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.

posted on Oct 26, 2012, 4:23 AM 1

9. someones4

Posts: 628; Member since: Sep 16, 2012

Apple doesn't know how to say sorry... Defiant to the end..

posted on Oct 26, 2012, 4:53 AM 3

12. timtimity

Posts: 196; Member since: Aug 13, 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.

posted on Oct 26, 2012, 5:09 AM 5

17. Aeires unregistered

Didn't Samsung have to approve it as well?

posted on Oct 26, 2012, 5:48 AM 0

18. timtimity

Posts: 196; Member since: Aug 13, 2012

I'm not sure. I thought the court had to approve it too.

posted on Oct 26, 2012, 5:53 AM 1

14. aelliott

Posts: 32; Member since: Oct 01, 2010

Shameful!!! 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.

posted on Oct 26, 2012, 5:24 AM 5

15. andro.

Posts: 1999; Member since: Sep 16, 2011

Again apple trying to hide away the truths in small print!

posted on Oct 26, 2012, 5:30 AM 1

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.

posted on Oct 26, 2012, 6:42 AM 1

32. BREvenson

Posts: 240; Member since: May 17, 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.

posted on Oct 26, 2012, 10:51 AM 1

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.

posted on Oct 26, 2012, 12:12 PM 1

23. Sniggly

Posts: 7305; Member since: Dec 05, 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.

posted on Oct 26, 2012, 8:09 AM 2

24. Sniggly

Posts: 7305; Member since: Dec 05, 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.