If you thought Apple was going to simply rollover and cast Samsung’s “win” over Apple in UK courts regarding the Galaxy Tablets’ iPad-like design in a positive light, you will be sorely disappointed with what Apple actually posted.
The non-apology pretty much does everything but say “sorry” for “misleading” customers. Instead, it goes on to highlight how the UK court was a small exception in giving Samsung the win while multiple other courts and countries held firm. Digging the knife deeper, Apple then quotes the particular judge who mandated this public apology in the first place, singling out his statements about the iPad being all-around cooler than Samsung’s “not cool” Galaxy Tabs. And on top of it all, the main apology is merely linked to from the main page with a tiny link at the very bottom.
The Samsung fans will no doubt cast snark Apple’s way. But in reality it’s quite humorous. And let’s be honest. Did you really expect Apple to apologize in the truest sense of the word? Check out the full statement below.
Apple’s “Public Apology” To Samsung – UK
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 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.
Via: TechCrunch