Posted by Geezay
Samsung Electronics Co. didn"t copy designs for the iPad.
The notice should outline the July 9 London court decision that Samsung's Galaxy tablets don't infringe Apple?s registered designs, Judge Colin Birss said yesterday. It should be posted on Apple?s U.K. home page for six months and published in several newspapers and magazines to correct any impression the South Korea-based company was copying Apple?s product, Birss said.
Apple Inc. was ordered to put notices in U.K. newspapers and on its website stating that Samsung didn't copy the iPad. The order means Apple will have to publish "an advertisement" for Samsung, Richard Hacon, a lawyer for Cupertino, California-based Apple, told the court. "No company likes to refer to a rival on its website."
Apple is fighting patent lawsuits around the globe against competitors including Google Inc., HTC Corp. (2498) and Samsung as it competes for dominance of the smartphone and tablet computer markets. The firms have accused each other of copying designs and technology in their mobile devices. Legal battles about the similarity of Samsung and Apple tablets are being fought in Germany, the Netherlands and the U.S.
Birss said in his July 9 ruling that Samsung's tablets were unlikely to be confused with the iPad because they are ?not as cool.? He declined yesterday to grant Samsung's bid for an injunction blocking Apple from making public statements that the Galaxy infringed its design rights. ?They are entitled to their opinion,? he said.
Apple spokesman Alan Hely didn?t immediately respond to a phone call and e-mail requesting comment on the judge?s order. ?Should Apple continue to make excessive legal claims based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited,? Samsung said in a statement after the hearing.
"The war between these two companies seems to be escalating even further," said Colin Fowler, an intellectual property lawyer at London-based Rouse. He said much of the publicity around the July 9 ruling focused on Birss? comments about Samsung not being as cool.
"From a victory in court they were suddenly on the back foot," Fowler said in a phone interview. "Getting this order fits in with the context of them trying to restore the balance." Comments made by Apple after that ruling unfairly implied that Samsung had copied designs, Samsung's lawyer Kathryn Pickard said at the hearing. That "caused real commercial harm."
As well as Apple?s website, the company must pay for notices in the Financial Times, the Daily Mail, Guardian Mobile magazine, and T3, according to a draft copy of the order provided by Samsung's lawyers.
Apple?s lawyer said the company would appeal the July 9 decision and Judge Birss granted the company permission to take its case to the court of appeal.
The case is Samsung Electronics (UK) Limited & Anr v. Apple Inc., High Court of Justice, Chancery Division, HC11C03050.
[ This Message was edited by: laffen on 2012-11-14 19:23 ]
Posted by goldenface
Maybe a few more rulings like this will help stop these litigation battles. If Apple has to go ahead and publish such a statement it will be a bit of a body blow to their ego.
It would be much much better if both companies were in the news for their great product innovation, rather than this ridiculous courtroom nonsense.
Posted by jplacson
Oh yes, I'm sure this will really hurt Apple's ego...
The day litigations like this stop is the day companies stop selling shares to stockholders
Posted by Tsepz_GP
Talk about being served Humble Pie
Apple made their bed, now they must lay in it.
Posted by etaab
Its about time something like this happened and a judge with a normal frame of mind got it right.
Cant wait to see these adverts. Sadly i dont think they'll even make it through the deep layers of brainwashing of the Apple followers. Their products might be made of steel and glass, but their brand name is like reinforced concrete.
Posted by Miss UK
eTaab I don't think alot of apple owners care hype over samsung I know im not
btw intresting to see what apple come up on these advertisings anyway
I wonder if Apple will ever file a complaint against Android users
Posted by etaab
Exactly my point, Apple owners will simply not notice such adverts. They'll be completely oblivious to such things.
Apple do nothing but complain about Android since its launch..
Posted by razec
What's this? watching a TV commercial on how apple embarrass themselves?
good for them though I doubt they'll do what exactly the judges wanted. may some kind of "iPad is unique, and has no copycat" or something that will still work on their favor. Apple's CEO surely doesn't want Jobs haunting him at night [ This Message was edited by: razec on 2012-07-21 01:12 ]
Posted by etaab
It wont work like that though, because they've got to mention Samsung.
Its not an advert for their products, its an apology.
Posted by Miss UK
Etaab have you watched the US version
Of Dragons Den? It's a dog eat world
How those Entrepreneurs behave on that
Show is oblivious and I expect it's the same
For apple and google both American franchises
Posted by Residentevil
I am with etaab here. Finally a judge that tells those high flyers where the buck stops and brings them down to a more manageable eye level. Looks like Apple got more than they bargained for. I like to see more of those ads.
Posted by etaab
Does anyone know when we're likely to see them ? if so post so i can check them out.
Posted by lemmy31
Apple do not have to publish any adverts yet.........at least until their appeal in October, apparently.
Posted by razec
I'm having doubt whether we can really see Apple embarrassing themselves in public now. Should we pray hard for this to happen?
Posted by lemmy31
Hopefully they will never have to apologise to Shamesung.
Posted by etaab
Luckily, you're one of a very small group here on Esato who disagree with this courts decision.
Posted by lemmy31
On 2012-07-29 23:06:09, etaab wrote:
Luckily, you're one of a very small group here on Esato who disagree with this courts decision.
Im not an Apple afficianado at all. At present i have an S3 which is a fine handset. But if Google felt it right to warn Samsung about their designs, and their own design team found it "regretable" that the original Galaxy S was similar to older iphones then that speaks for itself.
The judge was right in one respect though..........the Galaxy Tab is no where near as cool as the ipad. And i dont have an ipad either......but if i was in the market for a tablet it definately would be an Apple tablet
[ This Message was edited by: lemmy31 on 2012-07-30 16:56 ]
Posted by etaab
I didnt accuse you of being one. I said basically you're one of few people who appear to stick up for Apple. Which is something i cannot understand even if you or anyone else is an iPhone owner who very much loves their phone.
Im the type of person who is rather unbiased. I love the phones, but i dont really care about the companies behind them because they dont care about me. Im just a customer. I like Big Mac meals, but i wouldnt defend McDonalds if people started a similar legal war with them.
I will however object to happenings within the industry which are either nonesense, unfair, biased, choking the industry or consumers. Apple are guilty of all this, Samsung, Nokia, Motorola, HTC, LG etc are not.
Even if Samsung did take inspiration from Apple, which is different to just attempting to copy (that many small firm Chinese companies do and then sell phones as their real counterparts), i dont even think that is necessarily a bad thing.
Theres not one damn thing any Apple fan can say imo when they're defending a company that is attempting to stop everyone else out there even manufacturing phones. Unless of course you'd like to see a future where everything is made by Apple.
Posted by Bonovox
Loom at this complex article
http://mobile.theverge.com/2012/8/23/3260463/apple-samsung-jury-verdict-form-nightmare
Posted by Miss UK
I read somewhere a few hours ago that Samsung have to pay Apple money over that link case
and heres that Samsung to Cough up and pay Apple
[ This Message was edited by: Miss UK on 2012-08-25 11:28 ]
Posted by chunkybeats
read or watch 1984. Apple is really that.
Posted by jcwhite_uk
Is this new ruling going to restrict design of touchscreen phones? There is not much that you can do with the design of a full touchscreen phone, it is always going to have a resemblance to the iPhone and vice versa. If no phone can look like the iPhone then soon we will only have the iPhone. Most TV's look similar but you dont see Sony sueing Toshiba because their 32" TV looks like Sony's
[ This Message was edited by: jcwhite_uk on 2012-08-25 13:03 ]
Posted by daviep
phone design is pretty much restricted to rectangles because the screens are rectangles-has apple got the sole rites to use that shape of screen.
its seems to me that apple are trying to force the competition out of the american market.
if they use the ruling to go after other weaker financialy android manufacturers such as HTC then that might happen.
Posted by Bonovox
As I recall there were many touch screen phones about with similar shape since before Apple made any phones. And since when can they ban anything going on sale in America?? Surely that's up to Government not Apple?? Slide to unlock was on Google Android ages ago not stolen by Samsung. Android and Mircosoft use the double tap zoom and bounce in the browser feature not just Samsung.
Posted by djin
Its not really about rectangles btw. It was obvious samsung was trying hard to rip on apple's ui and overall looks(based on the documents). There isn't any single device from sony or htc or nokia or even lg that resembles iphone both as hardware and ui wise as much as s1 and s2 do.
Anyways this isn't the end, they will be appealing and I don't see this victory as anything huge for apple. All the apple haters will probably end up getting more of samsung now.
@bonovox,
Microsoft has licensed it from apple.
Posted by Supa_Fly
On 2012-07-29 13:20:16, razec wrote:
I'm having doubt whether we can really see Apple embarrassing themselves in public now. Should we pray hard for this to happen?
It's happened before with Lemmigs, and recently pulled genius TV ads. They've survived and thrived!!
I think Samsung's defeat to the tune of just over a billion US dollars is more of a hurt than a public announcement.
^edited "Damaungs" to Samsung's (man, iOS auto complete really needs an overhaul!)
[ This Message was edited by: Hardened on 2012-08-26 04:17 ]
Posted by goldenface
BBCNews - Apple Loses UK Appeal On Earlier Rulilng.
Sky News.
"If Apple ultimately loses this case, it will have to suffer the indignity of publishing the ads and publicly stating that Samsung did not copy its design."
Looks like they might have to display those ads after all.
[ This Message was edited by: goldenface on 2012-10-18 10:40 ]
Posted by skblakee
Just read about it on Reuters. Good for Apple. Only in the US would they get away with broad ranging patent suits which have little bearing on true copyright infringement.
Posted by Tsepz_GP
Unlucky Apple!
Posted by etaab
Thank you once again the British Justice System !
I hope they take it to the supreme court and get the same reply. That would be 3 times unlucky in the UK.
How embarrassing !
Posted by Bonovox
More news from Apple camp
http://www.gsmarena.com/apple[....]been_invalidated-news-4985.php
Posted by skblakee
yes and it could be invalidated in Europe as well.
Posted by goldenface
What a stupid thing to patent. It's hardly innovative. I'm sort of glad this was invalidated.
Posted by etaab
It is a bit stupid and obvious that touch screen interfaces would have this bounce back thing, just like kinetic scrolling.
I can understand Apple wanting to claim it as their own but it is rather a natural evolution of the scrolling motion.
Posted by Bonovox
Makes me laugh,why pick on Samsung about the bounce back feature?? My Nokia Lumia has that too.
Posted by goldenface
It's up on Apple's UK site.
http://www.apple.com/uk/legal-judgement/
Posted by admad
That's a bunch of bullshit.
Posted by Tsepz_GP
sneaky bastards, well played, i must say.
Posted by jcwhite_uk
Thats not an apology posted on Apples website just a statement about the ruling. At the end they are basically saying the UK court says they were wrong but Germany thinks Apple is right so there!
Posted by goldenface
I agree. I'm wondering if the judge will look at it the same way and make them print a proper apology.
Posted by Tsepz_GP
I doubt the judge will be happy with it, but i think the Apple lawyers probably spotted a loophole, that OR they are just trying to prolong actually trying to do a proper apology.
Posted by goldenface
That is one half assed apology and I don't think the judge will see it as made genuinely.
Posted by Ranjith
i expect APPLE to to put up ads saying "the TAB doesn't resembles the PAD,coz it isn't cool enough"
Posted by etaab
Yeah it certainly is a pathetic so called apology. In fact, i dont think its an apology. Where do they actually apologise ?
Its all basically legal waffle. Why couldnt Apple for once just hold their hands up and say fair enough, we lost the case, we're sorry for starting all this legal s**t in the first place.
And then the very last paragraph sticks up two fingers to the judge who made the judgement against Apple. The very last sentence closes the entire statement that "Samsung willfully copied Apple's far more popular iPad"
So hows that an apology ??? its the exact opposite !!!
Apple are by far the single most dangerous company threatening the entire industry. They seem to think everyone owes them something, they think they're never wrong and even go so far as to flout the law here in my own country and ignore the courts judgments. What an absolute farce. Please, i beg people of sound mind, dont ever buy Apple devices.
Im so enraged by their page i feel like i want to email them to complain.
Posted by fluke9
Wanna buy my 4S ???
Posted by smilerthe cheshirecat
http://www.bbc.co.uk/news/technology-18895384
I don't see where the judge has asked for an apology?
"The notice should outline the July 9 London court decision that Samsung’s Galaxy tablets don’t infringe Apple’s registered designs, Judge Colin Birss said yesterday. It should be posted on Apple’s U.K. home page for six months and published in newspapers and magazines to correct any impression the South Korea-based company was copying Apple’s product, Birss said."
http://www.bloomberg.com/news[....]dn-t-copy-ipad-judge-says.html
Posted by julias
This is good! Apple told to rewrite 'Samsung did not copy' statement, post it on front page until Dec 14th.
http://www.guardian.co.uk/tec[....]nov/01/apple-samsung-statement
Posted by goldenface
I'm glad. It's now acting like a big spoilt brat.
Posted by goldenface
Here is the newspaper version.
http://www.theverge.com/2012/[....]-acknowledgement-uk-newspapers
Posted by etaab
The newspaper advert is worse than the online one.
It doesnt even give much details about what its about. It barely mentions Apple. To the person not in the know, they wouldnt even probably know what this advertisement is for.
Personally i think they should be forced to make a full page advertisement with pictures of the Galaxy products and their own products with large bold writing indicating there was no infringement. The kind of advert which even the more ignorant Apple owner could understand and maybe, just maybe affect their opinions of the company.
Im glad Apple are getting some major hits in their faces. They deserve it more than any company has ever done for such stupid market tactics.