Following The Letter Of The Law: Apple Publishes Non-Apology To Samsung On Its Website To Comply With U.K. Court Ruling
Author: Markus Smith
After losing an appeal in a UK high court last week against a judgement that Samsung ’ s Galaxy Tab tablets do not infringe the design of the iPad due to the fact that their design is simply not cool enough, Apple has now published an acknowledgement of the court ’ s judgement on its U.K. internet site — in line with the court order. You could ’ t call it an apology — fairly the reverse: Apple makes it clear it does not agree with the court ’ s decision by pointing out that it has had court wins against Samsung for the exact same design patent in Germany, and noting its huge win against the Korean device maker in the U.S this summer.
Apple also concentrates on the judge ’ s explanations for dismissing its patent claim — quotationing the judge ’ s detailed ruling on exactly what makes the iPad ’ s design so much cooler than the Galaxy Tab, in which he talks practically lovingly of the “ extreme simpleness ” of the iPad ’ s design; its “ undecorated areas ”; “ crisp edge ” and “ combination of curves ”.
Apple then contrasts that with what the judge had to say about the Galaxy Tab: “ extremely thin, virtually insubstantial ” with “ uncommon information on the back ” — and the conclusion: “ not cool ”.
Here ’ s Apple ’ s acknowledgment in full
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 notinfringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the Highcourt is readily available on the following link www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html. In theruling, the judge made a number of crucial points contrasting the designs
of the Apple and Samsung products: “ The harsh simpleness of the Apple design is striking. Total it
has undecorated flat areas with a plate of glass on the front all the method out to an extremely thin rim and a blank back. There is a crisp edge around the rim and a combo of curves, both at the corners and the sides. The design appears like an item the informed individual would wish to pick up and hold. It is an understated, smooth and straightforward product. It is a cool design. ” “ The notified individual ’ s overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the household which includes the Apple design; however the Samsung items are really thin, almost insubstantial users of that family with uncommon information on the back. They do not have actually the same understated and extreme simpleness which is possessed by the Apple design. They are not as cool. ” That Judgment has impact 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 offered 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. Nevertheless, in a case tried in Germany concerning the same patent, the court discovered that Samsung engaged in unjust competition by copying the iPad design. A UNITED STATE jury additionally located Samsung guilty of borrowing on Apple ’ s design and utility patents
, awarding over one billion USA bucks in damages to Apple Inc. So while the U.K. court did not discover 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 acknowledgement has actually not been released on the homepage of Apple ’ s U.K. site but there is a link to it — right at the bottom of the web page, next to the notification about Apple ’ s use of cookies In addition to the online acknowledgement of the court ’ s judgment, Apple is needed to release an acknowledgment as adverts in U.K. newspapers.
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