Android Central

Apple publishes court-mandated statement on UK site, but it's probably not what Samsung was hoping for.

As required by a UK High Court ruling, Apple has updated its British site with a link to a message indicating that Samsung was found to have not infringed the iPad's patented design in the UK. The statement, which reads like it was crafted by a small army of lawyers, also points out the judge's remarks on Apple's "simple" design and "cool" products, and echoes the widely-reported conclusion that Samsung's tablets were "not as cool". Naturally.

However, Apple fires back in the final paragraph, where it draws attention to a more successful court case elsewhere in Europe --

"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."

That's probably not what either Samsung or the court was hoping for. The judge indicated that in forcing Apple to post such a statement, his intention was to "correct" the copycat label that had been applied to Samsung. The final paragraph only serves to muddy things further, by suggesting that while Samsung didn't copy the iPad, it totally copied the iPad.

We've got the full statement after the break. You can also find it linked at the bottom of apple.com/uk

So what's next? More courtroom wrangling over the exact wording of Apple's statement? Let us know what you think in the comments.

Source: iMore

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.

 

Reader comments

Apple's apology: Samsung didn't copy the iPad, but Samsung totally copied the iPad

70 Comments

Lol. As I was scrolling down I was thinking "wow, what a bunch of bitches". Then read your comment. Good stuff. The court will probably get them for this.

I'd like the judge to find the entire company in contempt, and for everyday it doesn't post an apology it is fined 10 million pounds. Inever owned an apple product but never had an opinion about them till all the patent trolling and frivolous court cases, and bad business ethics. Apple will reap what it sews, and when it does, Karma will be a bitch. Burn in hell Apple.

this sentence: "They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool." i guess apple thought that pasting the judgement in the apology worked?

Apple bragging about extreme simplicity makes the notion that they have a monopoly on minimalism. So ridiculous.

The amount of butthurt is amazing :)

It's understandable if both the court and Samsung wants it changed, but somehow it just perfectly illustrates how butthurt Apple is about this, almost hope they keep it :)

They not butthurt :p people relly takes this too seruisly, it's all about business and money and thats just chess game which not only happens between Apple and Samsung.

I hope that happens too. You'd expect this kind of arrogant response from a person who spoke without thinking after the judgement, not from a huge corporation who had months to craft the text.

Apple really are scumbags of the worst kind...

I now HATE anyone that has anything to do with them, including anyone that's bought one of their overrated and overpriced products.

Relax man. If you don't own a stake in either company, then why take it so personally? Let them fight it out. Every company sues one another over what they consider their invention or property.

I wouldn't want to break any of the friendships I have wtrh my friends over which phone they use, which clothes they wear, etc.

Just my thoughts.

But, you can dislike a company's business practices without taking it personal. I'm not gonna beat the crap out of my best friend because he likes Apple products lol

My, that's a level-headed and forward-thinking way to go about life. Hate everyone even peripherally associated with a technology company because you don't like their apology message.

I just bought a 4th generation iPad this morning to complement my wonderful Galaxy Nexus. Hate me, bro.

Hey bro, you made grammatical error. Apple/ipad/imac/etc cannot be used in the same sentence as complement in the English language. lrn2englishkthx

Not sure if serious...

Complement = to add to something and make a whole

Compliment = to say nice things

My iPad won't be physically speaking to my GNex...

And now there's going to be a lawsuit in the lawsuit, so they can make a statement about their statement.

If two people give you one opinion, and a third person gives you a second opinion, but then also insists that you tell everyone about their minority opinion, are you not entitled to also point out that two other people disagreed?

Not if the "third person" is the UK High Court, and the Court ORDERED you to write a specific apology. Apple's statement essentially says the UK court's ruling is wrong because the German and US courts ruled in its favor. Most court's don't like people disobeying orders and the UK court definitely won't like being told that the Yanks and the Germans got it right. Apple could get sanctioned for this blatant disobedience.

I hope so. I agree wholeheartedly and think they should apologise. I have nothing to do with the legal profession, and am only mildly invested in Android products. The real issue here is that Apple is acting in contempt of my home country's courts.

Just think about that. The courts are our institution for upholding justice. Apple is basically saying it doesn't matter what the court says we should do.

What does that teach the younger generation about the importance of law? If and when Samsung eventually gets landed the big fine by California, I hope they have the balls to pay up without being pathetic and rude about a nation's courts.

So that's why my high school girlfriend refused my apology for saying I thought her sisters were hot! Live and learn...

You are only enlightened to point out they disagreed while the topic of who is wrong is still up for discussion. It is more along the lines of if you go over to a party at Tom's house where you put your feet up on the table and Tom tells you to take stop and apologies to everyone in the room for such poor manners the correct response isn't "But both Dick and Harry are fine with me putting my feet on the table at their place".

Also in news, Apple revealed its new official slogan:
"Apple, no other brand says Douchebag quite as loudly"

Wouldn't it suck if Apple was in charge of printing money...I guess they know all the millions they have in cash and equity is in dollars...which are copied and printed daily from the original...they could really do some damage in the mints.

Most companies are going to act like douchebags when someone harms their bottom-line, some are going to act like even BIGGER douchebags (ie: Apple). The patent system is sorely in need of some overhauling.

Is anyone surprised? Any company would do what Apple did, especially when there are direct quotes from the judge saying "gee, those Galaxy Tabs look a whole lot like iPads."

We like to pretend that any Android maker would be dovelike and innocent in the same spot, but they wouldn't. They're giant corporations out for blood.

They are tablets of course they look the same. The heart of the issue is that almost all western nations advocate competition. We also respect companies intellectual property to the extent that it rewards companies and acts as an incentive to other companies and individuals to be creative.

Nobody can say that Samsung has stolen code. Nobody can say that Apple has not made enough money out of tablets and touch phones to reward its R&D. So I believe Samsung has the moral victory here without a doubt.

It is important not to have monopolies. We know for instance that we must legally uphold the right of other companies to produce tablet computers or phones. But Apple did it first and in a way that created huge demand in customers and helped develop customer expectations and requirements.

So of course there are going to be similarities. Apple already had a huge 'first mover advantage'. But they are using legal nonsense to try and maintain a monopoly which is not what economies need and which is protected against in Europe and the US.

Apple should not be behaving like this. Its immoral in my opinion, and not why intellectual property laws exist.

If Apple had responded to an American court judgement like that, they would be facing a national ban and a huge fine. In the UK it might cost them the price of two iPads in two years time. No wonder they act like little Hitlers.

I just wonder how long it will take for the pure arrogance and greed of Apple to kill them off for good. I look forward to it.

Wow - Apple is quickly becoming the 2012 version of Ed Hardy. The cool item that everyone was willing to overpay - until it become the symbol of being a d-bag.

It doesn't. It says the court thinks that. It doesn't respect UK courts jurisdiction at all.

As someone from the UK, that feels like Apple is putting itself above my democratic country and courts. I do not like that. I will never buy an Apple product unless they issue an apology for this contemptuous, criminal-esque attitude.

The UK court says Samsung did not. That means as far as the UK is concerned, Samsung did not. Companies acting superior to peoples countries really gets my goat.

The UK courts have a duty to respond now I feel, not for their own sake but for the insult Apple has made towards the population as a whole by ignoring our courts.

This fills me with rage. Just the pure snobbery demonstrated by Apple is sickening.

They look even more stupid when they blatantly address different court cases which proves to anyone who read this that not everyone thinks Samsung copies and makes Apple look like little babies that believe they need biased and flawed laws to prove their worth.

This doesn't appear to be what the judge asked for. Apple is intentionally disqualify the result of the trial by referencing others. Not an apology, not an admittance, just Apple propping itself as usual.

This almost certainly doesn't satisfy the court's ruling.

Fully expecting this to go right back to court. Apple's 100% in the wrong this time.

Right. Well, I was somewhat interested in the ipad mini. Not now. I can't bring myself to do business with a company that is obviously run by a bunch of vapid children.

Anyone that has any confusion about why apple owners are labelled as smug jerks need only read that posting on the apple UK site.

-Suntan

Wow you were interested in the ipad mini? YOu like lowe resolution 2 year old tech that is marked up 100%? Wow just wow

Mmmm.. I feel like buying a Samsung product again.. Lol. Note 2 anyone? How bout them nexus devices? I heard about a weak attempt by a fruit icon company, some sort of mini device. Wasn't the iphone considered mini already? Why pay 800$ for something they already had? Apple blows.

Granny Smith being sore losers as usual. It puzzles me that they keep bashing their competition. If, as they keep saying, the ipad is the dominant tablet and no other tablet compares, then why do you have to bash the all of the other products out there. So much more I would like to say, but I'd like to keep this comment rated 'PG'.

Having thought about it a little bit more, I think they must be sensing their own weakness. With Steve Jobs gone, the innovation is dying. In fact, I think they are boxed by their success. They don't want to mess with the apps that go with the ipad 2 and mini, so they have to go with a screen resolution much lower than their competitors. Yet they bash the Nexus 7 for having a smaller screen? But the iphone is still a superior product with its smaller screen compared to the Galaxy S3? I guess they can have it both ways. It's the usual Granny Smith reality distortion field.

This is hilarious, and pretty ingenious.

Although Apple didn't comply with the spirit of the ruling, it looks like they complied with the letter of the ruling. They are generating more buzz by (1) quoting the judge about how much "better" iPads are and (2) getting this story printed all over the world by throwing their middle finger up at the court.

I am 100% sure they they knew this would land them back in court and cost them more money, but they don't care. They have MORE MONEY THAN GOD! Seriously have you seen their financial statements. They only care about their brand and their shareholders, and this helps both.

I'm no apple-fanboy (Android 4LIFE), but game recognizes game! :)
(And that's exactly what this is, a game.)

Apple has ALWAYS been a bunch of whiny ass bitches and always will be. They have always stole other peoples ideas and hard work on technology and wrapped it in pretty paper and called it innovation. They have always felt that when they take from others it isn't stealing or infringing, it is "improving". Why does Apple feel it necessary to patent rounded rectangles, rounded squares and the color purple?? because they have never actually "invented" anything of their own.. ever. This is why I will never own an apple product.

Eff you crapple!! You make me so mad!! lol

I thought Samsung was to approve the message first, before it was posted??
I don't think Samsung would approve that message!!

I have mixed feelings on this one. On the one hand, it would be poetic to see Apple have to eat crow again by posting another notice on their web site. If the judge holds them in contempt (as the rest of us do? :)), that might be sufficient.
On the other hand, no one but the fan-boyiest reader can read that text and not have it sound like a spoiled brat trying to get the last word (and failing miserably). One might just let it stand as a great example of how petulant Apple has become. Let their own words prove the point.

I don't really have anything new to add to this conversation. I just want to get a post in here.

I do think they should make a show with Apple and Samsung being the Odd Couple. Could you imagine all the shenanigans they would get into together?

What do i have to say?

Ughh...my initial response.

I hope google outgrows them, (it appears that way), uses their superior patent ideas, and moral power to just say

"Ok. Daddies here. Cut that shit out. No courtrooms. No fines. Just stop it."

Samsung is a also brand that u see on your grandma's washing machines, ovens, fridges, air-conds, tvs & not forgetting those fat Gangnam-style phones i.e. they're a jack-of-all-trades company that makes everything under the electrical&electronics sky. Their strategy is to blanket & flood the whole market space with zillions products with zillion features & zillions ways of doing the same things (some inferior & horrible-looking). Its hard to be cool with consumers if your brand is all over the wrong & weirdest places.

Fyi I have Samsung fridge, microwave oven & washing machine.

I've got Several Samsung Televisions. I wonder why Samsung didn't sue Apple when Apple started making bigger monitors? I honestly think these guys are playing a game with each other and really, we are the pawns. Suing someone that you still get parts from seems a bit Senator Palpatine-ish doesn't it? "I make drones, for them, and for you, and then you kill my drones, I sue you and make millions, then I take you out to dinner and we go play golf on Saturday"

Think About It People..... Who Really Rules This World??

The court should have just given them a statement that they had to post. They didn't, so Apple took it and ran. Samsung would have done the same.

The court apparently isn't familiar with the old teaching principle that if you don't tell a student exactly what you want, then you're going to get burned. That's exactly what happened here.