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Apple Loses Appeal on UK Ruling Requiring Ads Acknowledging Samsung Did Not Infringe iPad Design

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Tingler

macrumors member
Oct 14, 2012
77
0
KnightWRX said:
Uh ? How is it humiliating that they were found non-guilty of design infringement and multiple counts of patent infringements exactly ? :confused:
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The damage cannot be undone with just a link. Samsung is already known to the entire world as a "thief" and a "copycat" after recent court rulings in other cases.

Anyone who is familiar with the recent relationship between Apple and Samsung will just chuckle when seeing that link on Apple's page. If I was Samsung, I'd just let it go.
 
ChazUK

ChazUK

macrumors 603
Feb 3, 2008
5,393
25
Essex (UK)
KnightWRX said:
Uh ? How is it humiliating that they were found non-guilty of design infringement and multiple counts of patent infringements exactly ? :confused:
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As an added benefit, perhaps the threat of potential "humiliation" will make companies think twice about this type of lawsuit?
 
D

dmelgar

macrumors 68000
Apr 29, 2005
1,587
160
I don't understand the UK legal system. How could they come up with something like this? Sounds like an SNL skit. Not as cool. Run an ad for your competitor for 6 months.
This is crazy. Did Samsung buy them off?
The apple really piss off a bunch of judges?

It seems unprecedented. A demented joke. Even if they opinioned that they didn't copy, the remedy is extreme.
 
W

WhoDaKat

macrumors 6502
May 20, 2006
379
665
This is hilarious. Apple, say your sorry! Is this an adult court or did Apple sue in kiddie court? Did the court find that Apple just made up the complaint? Just to spite Samsung? If Apple is of the opinion that a competitor copied their products, don't they have a right to take them to court? Win or lose, its their right. An apology seems like they did it just to hurt Samsung. Clearly they both have lawsuits against each other all over the world with both sides winning some and losing some. Obviously there is an issue, it wasn't just made up. An apology is absurd. I'm sorry I think you copied my product? This judge is a moron, and I'd say that no matter who apologized to who. That isn't how law works.
 
T

Tingler

macrumors member
Oct 14, 2012
77
0
S

ScottYelich

macrumors newbie
Jul 22, 2008
25
1
MacRumors said:
[url=http://cdn.macrumors.com/im/macrumorsthreadlogodarkd.png]Image[/url]


Back in early July, a UK court ruled that Samsung had not infringed upon the design of the iPad with its own Galaxy Tab device, with judge Colin Birss ruling that the Galaxy Tab was simply "not as cool" as the iPad. Roughly a week later, Birss ruled that Apple must publish advertisements on its website and in newspapers acknowledging that Samsung did not copy the iPad's design.
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I didn't know you could patent "cool" ...

It would be interesting to see what this judge would have accepted as an example of something that was copied. Maybe if Samsung had called it's product the iGalaxyPad? I bet Samsung could have basically said "Ya, we copied as much as we could, but as you can see, we didn't get it exactly right... so we didn't really copy. *wink* *wink*" and the judge would have disagreed "no... no you did not copy since your device isn't as 'cool' as the iPad!"

Makes one wonder.
 
R

reefoid

macrumors regular
Aug 5, 2011
136
77
UK
WhoDaKat said:
This is hilarious. Apple, say your sorry! Is this an adult court or did Apple sue in kiddie court? Did the court find that Apple just made up the complaint? Just to spite Samsung? If Apple is of the opinion that a competitor copied their products, don't they have a right to take them to court? Win or lose, its their right. An apology seems like they did it just to hurt Samsung. Clearly they both have lawsuits against each other all over the world with both sides winning some and losing some. Obviously there is an issue, it wasn't just made up. An apology is absurd. I'm sorry I think you copied my product? This judge is a moron, and I'd say that no matter who apologized to who. That isn't how law works.
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I'll say it again. APPLE DIDN'T SUE. Samsung started this case as they wanted the court to rule that their designs did not infringe on Apple's. Apple then counter-claimed saying they did infringe. They didn't have to do that, but they did. The judge has now ruled in Samsung's favour.

With regards to the website punishment, it's not unusual in the UK for TV, radio and newspapers having to run apologies on their own platforms (and sometimes on third-party medium as well), the same logic is being applied to Apple here.
 
IGregory

IGregory

macrumors 6502a
Aug 5, 2012
669
6
ImageWrangler said:
Apple was right about the phones but mostly wrong about this tablet, it's FUGLY and chunky looking, not aesthetically pleasing at all and plasticky, the OS looks all over the map as well, it's about as UNApple a product as a product could be. I'm guessing Apple just sued them "because we can" as a logic without really thinking it through.
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Well, this ruling will force Apple to be more circumspect when filing future claims.
 
S

samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
tbrinkma said:
Well, the wording of the court order declaring the design non-infringing specifically said the Samsung design wasn't as "cool" as the iPad's design. That's something to be a bit embarrassed about from Samsung's perspective.

I mean, *literally* in this case, the design wasn't infringing because it *wasn't cool enough*. :eek: :eek:
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Except the side comment of the judge isn't what will remotely go into the statement on the website. And no - the wording of the order didn't say anything about "cool." Please stop making up facts.

Tingler said:
The damage cannot be undone with just a link. Samsung is already known to the entire world as a "thief" and a "copycat" after recent court rulings in other cases.

Anyone who is familiar with the recent relationship between Apple and Samsung will just chuckle when seeing that link on Apple's page. If I was Samsung, I'd just let it go.
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Actually - most people don't give a rat's behind. People here and on other tech forums might care or might know the extent of the litigation (but based on the comment quoted above - that's even a stretch) - but the average Joe doesn't equate Samsung with being evil, copycats, thiefs, etc. But good luck with that

spazzcat said:
Judge rules Samsung not as cool as Apple, click here for more info...
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No.

WhoDaKat said:
This is hilarious. Apple, say your sorry! Is this an adult court or did Apple sue in kiddie court? Did the court find that Apple just made up the complaint? Just to spite Samsung? If Apple is of the opinion that a competitor copied their products, don't they have a right to take them to court? Win or lose, its their right. An apology seems like they did it just to hurt Samsung. Clearly they both have lawsuits against each other all over the world with both sides winning some and losing some. Obviously there is an issue, it wasn't just made up. An apology is absurd. I'm sorry I think you copied my product? This judge is a moron, and I'd say that no matter who apologized to who. That isn't how law works.
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If the situation was reversed, you'd be praising the judge and talking about justice.
 
S

samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
Tingler said:
"The original case in July heard Judge Colin Birss overseeing the case saying the Samsung tablets were not "cool" as the iPads, because the software did not feature the "extreme simplicity" that the rival Apple product has."

Depending on how they can present it, Apple could very well be excited.
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You must live in fantasyland if you think the court will allow Apple to antagonize the situation with colorful text. The statement will be neutral. It won't have the word cool in it or anything like that
 
AppleInLVX

AppleInLVX

macrumors 65816
Jan 12, 2010
1,238
744
samcraig said:
I'm going to state this again very clearly.

I have no idea why people think the announcement on Apple's site is going to be cheeky/snarky/etc. It's not like Apple is going to be able to write whatever they want. It would be incredibly surprising if the announcement didn't have to be first approved by the court who is mandating the announcement.

Reality vs fantasy folks.
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Even the simplest, non-cheeky, court approved ad could be delivered in such a way that it hurts, rather than helps, Samsung. Apple's mind share is such that people will draw their own conclusions. Imagine an ad that simply showed both devices--a picture that was shot to make the two look as identical as possible with the simple caption, "Samsung did not copy Apple..."

Most people who see that ad would instinctively finish it off for themselves with an internal, "'cha, right!" Heck, the ad could become proof that they did copy it.
 
bushido

bushido

Suspended
Mar 26, 2008
8,070
2,755
Germany
dmelgar said:
I don't understand the UK legal system. How could they come up with something like this? Sounds like an SNL skit. Not as cool. Run an ad for your competitor for 6 months.
This is crazy. Did Samsung buy them off?
The apple really piss off a bunch of judges?

It seems unprecedented. A demented joke. Even if they opinioned that they didn't copy, the remedy is extreme.
Click to expand...

why? it perfectly makes sense to me.

thats like burger king saying mc donalds uses human meat but mc donalds gets found not guilty. id ask burger king to openly apologize for that claim that ruined my reputation in the public eye too. just out of principal even tho its probably not very effective
 
dermeister

dermeister

macrumors 6502
Jan 19, 2003
458
96
They should place photos of the two side by side, and write under:

"Under protest, we are compelled by Judge Birss to state that Samsung did not copy their Galaxy Tab (pictured right), off the Apple iPad (pictured left).

The purpose of this statement is to clear any confusion."
 
daveathall

daveathall

macrumors 68020
Aug 6, 2010
2,379
1,410
North Yorkshire
WhoDaKat said:
This is hilarious. Apple, say your sorry! Is this an adult court or did Apple sue in kiddie court? Did the court find that Apple just made up the complaint? Just to spite Samsung? If Apple is of the opinion that a competitor copied their products, don't they have a right to take them to court? Win or lose, its their right. An apology seems like they did it just to hurt Samsung. Clearly they both have lawsuits against each other all over the world with both sides winning some and losing some. Obviously there is an issue, it wasn't just made up. An apology is absurd. I'm sorry I think you copied my product? This judge is a moron, and I'd say that no matter who apologized to who. That isn't how law works.
Click to expand...

What would you propose to be the "adult" punishment?

That isn't how law works.
Click to expand...

Yes it is, unless of course you know more about it than a British judge.
 
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