Saturday 27 October 2012
Apple posts 'apology' to Samsung on U.K. website
Posted on 02:10 by Maria Scott
As required by a U.K. court, Apple has posted a notice on its website
that says Samsung did not copy Cupertino with its Galaxy lineup of
tablets and smartphones. Well, sort of.
In the notice, accessible via the "Samsung/Apple UK judgement" link
on apple.co.uk, Apple acknowledges that the High Court of Justice of
England and Wales found that that Galaxy Tab 10.1, Tab 8.9 and Tab 7.7
do not infringe on Apple's design patent for the iPad.
But those hoping for a mea culpa from
Cupertino shouldn't hold their breath. Apple goes on to toot its own
horn and highlight the parts of the judge's ruling that criticize
Samsung's tablets - particularly that bit about how the Galaxy Tab
lineup is "not as cool" as the iPad.
"The extreme simplicity of the Apple
design is striking," the judge wrote. The Galaxy Tabs, though, "do not
have the same understated and extreme simplicity which is possessed by
the Apple design."
Apple concludes by pointing out that judges in Germany and the U.S. have ruled in Apple's favor on patent infringement cases involving Samsung.
Apple did not pen this note out the goodness of its heart, of course. In July, Judge Colin Birss of the High Court ordered Apple
to post a note on its website and publish an ad in magazines and
newspapers to say that Samsung did not rip off Apple when it designed
its tablets. Not surprisingly, Apple was not pleased and appealed the
decision, so its public apology was delayed.
But the U.K.'s Court of Appeals last week upheld the lower court's
decision. Apple has apparently decided not to take the issue to the U.K.
Supreme Court, and posted the notice.
The full notice is below. Also check out PCMag's roundup of Apple's Most Notable Apologies.
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.
Source: http://www.thinkdigit.com/Tablets/Apple-posts-apology-to-Samsung-on-UK_11168.html
Source: http://www.thinkdigit.com/Tablets/Apple-posts-apology-to-Samsung-on-UK_11168.html
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