Apple posts 'Samsung didn't copy' notice on U.K. website

By on October 26, 2012, 1:30 PM

Last week Apple lost its appeal in the UK regarding the High Court of Justice’s ruling that Samsung’s tablets did not infringe the iPad. The company was ordered in July to run a public notice on its UK website stating that Samsung did not infringe its design. Apple applied for a stay on the ruling, which it was granted, but after losing its appeal the company had no choice but to comply.

Of course Apple didn't just tuck its tail between its legs and admitted defeat. Instead, the Cupertino-based smartphone maker carefully worded its letter and couldn’t resist throwing in a few quotes from the case, including Judge Colin Birss’ assessment that Samsung’s Galaxy tablets didn’t “have the same understated and extreme simplicity which is possessed by the Apple design” and that they are simply “not as cool.”

The letter closes by noting that while the U.K. court did not find Samsung guilty of infringement, the same patent trial in Germany and the US was ruled in Apple's favor. In the latter, Apple was awarded more than $1 billion in damages.

The letter is accessible via a small link at the bottom of the page with the title "Samsung/Apple UK judgment." The company is also required to post advertisements in prominent UK publications to “correct the damaging impression” that Samsung copied Apple. The full letter is posted below.

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.




User Comments: 10

Got something to say? Post a comment
Guest said:

Copy??? Maybe, "emulate". I still think Apple's position is invalid due to prior art.

1 person liked this | Panda218 Panda218 said:

I'm sick and tired of reading about apple patent disputes... What's wrong with competition?

Guest said:

Full Samsung history is copy another products.

"Think sameferent" is the biggest business.

Guest said:

As a judge, I should define how they should put that statement, cuz if you read it its bullchet, if you are a costumer or an I sheep will never notice that thing...with that little link, how can repair the damage on samsung image? its ridiculous

1 person liked this | Tygerstrike said:

Is it me or does anyone else get the feeling that Apple is just a giant petulant child?

BMfan BMfan said:

Is it me or does anyone else get the feeling that Apple is just a giant petulant child?

Not just you.

If apple had their way there would never be any competition.

1 person liked this | BMfan BMfan said:

Since apple has posted that on their site,Samsung should use that in the states and Germany as their defence against apple.

Guest said:

Full Apple history is copy other people's ideas

spydercanopus spydercanopus said:

Definitely "not as cool"... LOL

avoidz avoidz said:

Apple won't be satisfied until there are no other brands besides Apple.

Load all comments...

Add New Comment

TechSpot Members
Login or sign up for free,
it takes about 30 seconds.
You may also...
Get complete access to the TechSpot community. Join thousands of technology enthusiasts that contribute and share knowledge in our forum. Get a private inbox, upload your own photo gallery and more.