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kurosov

macrumors 6502a
Jan 3, 2009
671
349
I still see nothing wrong with the first statement. They might not have liked it but it did state facts.

I'm guessing the judge didn't want to seem like a dumbass with the whole "not as cool" comment. It was a stupid reasoning when he said it and its stupid now.
 

iGrip

macrumors 68000
Jul 1, 2010
1,626
0
The only thing Apple can do now is to pull out completely from the British isles. Anything less is just a show of weakness.
 

TopToffee

macrumors 65816
Jul 9, 2008
1,040
975
Am I missing something? What was "false" about their initial statement? Cheeky and not really in the spirit of the order, but I don't see how it was false.
 

charlituna

macrumors G3
Jun 11, 2008
9,636
816
Los Angeles, CA
The real issue here is that the Judge made on record comments that basically sound like he agrees personally that Samsung copied, but the legal tests that would allow him to declare a violation of the law were not met. Then when he made this order he wasn't precise in the rules and opened himself up to having those comments exposed, thus causing embarrassment.

So he screams that Apple knew what was intended etc. which is a bit ironic since it seems he recognized that Samsung 'intended' to copy Apple's product design but the test of specificity failed and in patents specifics trump 'intent'.
 
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rjohnstone

macrumors 68040
Dec 28, 2007
3,896
4,493
PHX, AZ.
While the original statement was misleading, childish, etc, which part of it was "false"? I would have thought that factual accuracy would have been important for them to get right in their eyes, even if they were going to disobey the intention of the statement.

I still see nothing wrong with the first statement. They might not have liked it but it did state facts.

I'm guessing the judge didn't want to seem like a dumbass with the whole "not as cool" comment. It was a stupid reasoning when he said it and its stupid now.
The "false" and misleading statements were regarding the comments Apple made about its recent court victories.
Apple gave the perception that it's victories were counter to what the UK ruled. It implied that the UK's ruling was counter to every other court ruling that was in Apple's favor.
This is false.
This case in the UK was purely about the iPad's "Community Design", not about any technology patents.
Apple has not won a single victory with its iPad Community Design. It garnered some short lived injunctions, but no declarations of infringement. Even within the $1B judgment in the U.S., Apple lost it's argument that the Tab infringed its physical design patents.
Apple's decision to includes these comments, even thought they were totally irrelevant to the case at hand, was misleading if not flat out dishonest.
 

chris7777

macrumors 6502
Nov 27, 2008
287
0
Talk about the Judge throwing a hissy fit.

I might be a little more sympathetic to samsung, If they had not exactly copied apple advertisements, and packaging. But that is just way too "coincidental" to be an accident.

Apple disagreed with the decision, and playfully pointed out the Judges own words. He took offense and pitched a tantrum, by ordering to pay Samsung, as punishment for mocking his short sighted decision.
 

melendezest

Suspended
Jan 28, 2010
1,693
1,579
If I gather anything from these litigation issues, it's that Apple is going to have to pick their battles more carefully.

Despite them believing that Android is stolen, etc, etc, Apple needs to defend their IPs a bit smarter. Otherwise, I think it's going to cost them more than they'd like.

I think that Apple took too long in bringing these suits out; I don't remember anything coming from them when Android first came to light. At this point, I'd just let it go, since Android is already well established and I think the look and feel is differentiated enough, especially in the public's perception.

I agree with many of the posters here, though: I'm tired of hearing about it..
 

edinburghmac

macrumors newbie
Sep 13, 2005
13
0
No room for justice in British law

I'm absolutely not surprised by the courts behaviour here - the one thing you can't do is make a mockery of the justice system in the UK (even when it's totally justified). They have no interest in justice but will uphold the minutiae of law and precedent as if their lives depended on it, and anyone pulling back the curtain to reveal hypocrisy in the system will be severely punished - how dare they suggest the system makes mistakes.

When you look at the original ruling (by the judge who stated the Samsung tablet wasn't as cool as the iPad) there was clearly room for Apple to disagree with the ruling (he didn't want to curb their freedom of speech). Whoever wrote the original Apple statement however clearly didn't understand how seriously the UK courts take any 'contempt' (no matter how much the original ruling deserved it). I would say that whoever made this decision (whether hired lawyer or Apple management) will probably pay with their jobs for this miscalculation and the embarrassment that this now widely reported ruling has been given.
 

Oletros

macrumors 603
Jul 27, 2009
6,002
60
Premià de Mar
The real issue here is that the Judge made on record comments that basically sound like he agrees personally that Samsung copied, but the legal tests that would allow him to declare a violation of the law were not met. Then when he made this order he wasn't precise in the rules and opened himself up to having those comments exposed, thus causing embarrassment.

So he screams that Apple knew what was intended etc. which is a bit ironic since it seems he recognized that Samsung 'intended' to copy Apple's product design but he test of specificity failed and in patents specifics trump 'intent'.

The real issue is that you also didn't read any of the rulings
 

JayJayAbels

macrumors 6502
May 15, 2012
303
3
Apple should just comply... even go above and beyond what's required... and then... keep it moving. They should take the same approach they take with their products... exceed expectations and maintain a positive image throughout any and all ordeals.
 

rei101

macrumors 6502a
Dec 24, 2011
976
1
Anyone else notice so much of the apple news lately is about these legal games and fighting with their partners, suppliers, competitors.

Apple has really lost their ability to focus on product and would rather get into school-yard squabbles than focus on their business

Apple 2012 = Microsoft 1998.

I have been complaining about the same thing here for the last 2 years.
 
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