UK judges rule Apple must apologize to Samsung publicly

A judge at the High Court in London had originally ruled in July that the look of Samsung's Galaxy Tab computers was not too similar to designs registered in connection with the iPad.

The last time Apple and Samsung went head to head in a London courtroom, the judge ruled that the Galaxy Tab has its fair share of unique design traits and stated that they weren’t as “cool” because they lacked “extreme simplicity.”

All criticisms of the Galaxy Tab's coolness and complexity aside; Judge Birss declared that the devices had their fair share of differences and Samsung was victorious. As a result of Samsung's victory, Birss stated that a notice had to be placed on Apple's website for at least half a year, while other adverts should be placed in various magazines and newspapers specifically stating that Samsung did not infringe on patents by Apple as compensation for tarnishing Samsung’s reputation. Additionally, a spokesperson for Samsung went on to say:

"We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners and that the origins of Apple's registered design features can be found in numerous examples of prior art."

"Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited."

Court of Appeal and why Apple lost

The court case itself didn’t stop in July, as Apple appealed their case. Three judges were involved in this Court of Appeal review and as of today, we can reveal why Apple lost the case according to one of the judges involved in the review; he even happens to own an iPad:

"Because this case (and parallel cases in other countries) has generated much publicity, it will avoid confusion to say what this case is about and not about," wrote Sir Robin Jacob.

"It is not about whether Samsung copied Apple's iPad. Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law."

"So this case is all about, and only about, Apple's registered design and the Samsung products."

So how well is Apple doing with all these lawsuits?

Well, long-story-short, Apple has lost a series of lawsuits against Samsung based on the design of their tablets. These court cases include the ones held in the Netherlands, Australia, and the US; despite winning temporary sales bans. However, Apple has been successful with its software patents, and more notably, everyone should remember the proposal a US jury made which ruled that Samsung had to pay Apple a $1.05 billion (£650 Million) fine. Since then, Samsung has appealed against the ruling and is waiting for the review, so no payment to Apple has happened yet.

Samsung’s main problem, based on the court cases, is that its software designs infringe patents. Until Samsung changes its software design, it can look forward to that public apology from Apple. 

Image credits: E&T |Huzoorbux

Source: BBC

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35 Comments

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An appeal to the US verdict will see it overturned. Common sense has to prevail. Apple needs to compete by innovating not by litigating.

Kunal Nanda said,
An appeal to the US verdict will see it overturned. Common sense has to prevail. Apple needs to compete by innovating not by litigating.

I wonder if you are following US presidential election campaign. If you were you would have realised that common sense is most uncommon in the US. How else do you account for an ignorant person like Romney being nominated and collecting Billions in contributions? This is true even at the highest level like supreme court judges who opine that corporations are people and money is free speech !

Now maybe Samsung could show this apology in the U.S. cases and say "Seeee, Apple admits that we do not copy their products".

As funny as this is, I'm bothered by forcing someone to say something that isn't truly their opinion.

I can't wait to see the apology on their site.

"Samsung makes great original tablets which are not copies of our ipad, but we're still the better tablet sorry Samsung, we apologize that hurts your feelings but truth hurts"

Nice to see NeoPogo can't accept that apple could loose in a fair unbiased court. As was stated there is so much prior art for the overall design that the patent should never have been issued but as we have seen the us patent system seems to ignore prior art in apple's applications.

NeoPogo said,
US judges are bought so easily by Apple... Apple really piles on the cash, err dollars!

There, I fixed it for you!!

NeoPogo said,
UK judges are bought so easily by Samsung... Samsung really piled on the cash, err pounds!

Whatever you say iMinion.

NeoPogo said,
UK judges are bought so easily by Samsung... Samsung really piled on the cash, err pounds!

Yeah I'm sure it was the England court that was swayed, rather than the one in Cupertino, California, you know, where Apple's HQ is based.

Given how badly iJudge Lucy Koh reamed Samsung in the US, this has to be a good moment for them. Glad at least my country still has some common sense.

Javik said,
Given how badly iJudge Lucy Koh reamed Samsung in the US, this has to be a good moment for them. Glad at least my country still has some common sense.

We don't have the same kind of sue-happy culture as America. Doesn't surprise me that it got thrown out here

Nope, no common sense in the UK with this outcome. Unlike in the US we have the right verdict!

Javik said,
Glad at least my country still has some common sense.

NeoPogo said,
Nope, no common sense in the UK with this outcome. Unlike in the US we have the right verdict!

Spoken like an Apple Fanboy!!!!

Oh, and nice try at insulting the British but it makes you look like a complete idiot.

Edited by neo158, Oct 18 2012, 6:22pm :

NeoPogo said,
Nope, no common sense in the UK with this outcome. Unlike in the US we have the right verdict!

Whatever you say iMinion.

NeoPogo said,
Nope, no common sense in the UK with this outcome. Unlike in the US we have the right verdict!

My Trollometer has just gone off the scale.

NeoPogo said,
Nope, no common sense in the UK with this outcome. Unlike in the US we have the right verdict!

The Galaxy Tab looks "similar" but not mistakable to an iPad.

Dermot said,
Well done judge *applause*

Finally one who can't be bought, you would know it's not in the US,.

Most of the rulings outside of the US have favoured Samsung because the US is one of the few countries to recognise software patents in such a broad manner. Software patents have done nothing to protect innovation and everything to stifle it - the US patent system isn't fit-for-purpose.

Samsung bought the judge and verdict. Only in the U.K.

Dermot said,
one who can't be bought, you would know it's not in the US,.

theyarecomingforyou said,

Most of the rulings outside of the US have favoured Samsung because the US is one of the few countries to recognise software patents in such a broad manner. Software patents have done nothing to protect innovation and everything to stifle it - the US patent system isn't fit-for-purpose.

Nicely said. I totally agree. It's time for the U.S to either scrap completely or seriously overhaul their software and design patent system. It really is killing competition, the very thing it was designed to promote in the first place.

I like how in the comparison screenshots the Samsung tablet has its app launcher open to make it look more like an iPad.

If you compare the default home screen of the Galaxy Tab to an iPad the differences are vast. The iPad is a wall of icons, the Galaxy Tab's home screen is displaying information via widgets with a couple of icons.

InsaneNutter said,
I like how in the comparison screenshots the Samsung tablet has its app launcher open to make it look more like an iPad.

If you compare the default home screen of the Galaxy Tab to an iPad the differences are vast. The iPad is a wall of icons, the Galaxy Tab's home screen is displaying information via widgets with a couple of icons.

The Android Tablets in general look close to a traditional home screen. The functionality is similar too. You can put your icon anywhere you like (unlike Apple where it defaults to the upper most left hand available space).

Samsung could make a green triangle shaped tablet and people would still call it an iPad.

Edited by warwagon, Oct 18 2012, 3:32pm :

Exactly. I remember in the 80s when anyone I knew referenced an SUV it was a jeep. And drywall is usually called sheetrock. And many people call any android phone a droid phone.

warwagon said,
Samsung could make a green triangle shaped tablet and people would still call it an iPad.

Thanks for the lack of logic there. Calling people dumb is not nice, Warwagon. There is no way someone would confuse a green triangle for a black rectangle.

warwagon said,
Samsung could make a green triangle shaped tablet and people would still call it an iPad.

NeoPogo said,
Thanks for the lack of logic there. Calling people dumb is not nice, Warwagon. There is no way someone would confuse a green triangle for a black rectangle.


You would be surprised.