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

[iansal]

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.

It's not at all unprecedented. Apple publicly accused Samsung of something later found not to be true by the court.

After libel judgements, for instance, newspapers in the UK often have to run an article saying their previous article was wrong. The follow up article has to be given equal prominence in the publication as the original had.

The US is just about the only country in the world where the idea of 'free speech' means being able to basically say anything about anyone - true or otherwise - with no repercussions.

 

[samcraig]

14pt Arial? Talk about “cruel & unusual”

comic sans

 

[AppleFan1984]

Because it is utterly humiliating. The whole thing.

Being vindicated by the court and having your competitor be forced to run ads for you in major publications and their own web site is hardly the stuff of humiliation.

 

[entatlrg]

Wonder how much it cost Samsung to buy that Judge?

 

[samcraig]

Wonder how much it cost Samsung to buy that Judge?

are you remotely serious?

 

[Tingler]

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

I am not saying it will or it won't. I don't know what text will be used and neither do you. Even if it is a completely neutral text, it won't change the person's perception.

Those who don't give a "rat's behind" about the story won't care so this won't do anything to put Samsung in a positive light in their minds. However, those who get interest in the story from the text, will research it in the news and see how pathetic it really is.

I am not antagonizing Samsung, I am just saying the whole thing is pathetic. It was stupid for Apple to fight with an appeal but I do not think that Samsung won anything either.

 

[ScottYelich]

Possible Appel Statement:" Samsung did not copy on the iPad for design for the Galaxy Tab, although they are paying us over $1B for copying all our other Designs"

Is this like compound X causes cancer in California? Samsung's "design" is judged to be a copy in (all?) places but the UK? In the UK, the design was in fact so close, you might have trouble telling them apart -- from a distance -- but, wait, when you get close -- you can see the SOFTWARE on the Samsung device just isn't as "cool" as that on the iPad -- therefore the physical / hardware design -- was not copied.

makes perfect sense.

Maybe the UK just isn't as cool as other countries?

oh, crap, am I going to have to now apology on my web site for saying such a thing? oh mercy me.

Scott

 

[Thunderhawks]

Hahaha, they drive on the left and drink warm beer, so they truly:

Think Differently!

 

[gnasher729]

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.

Is there any reason why such an Apple advert wouldn't mention the US cases as well? Like "A UK court ruled that Samsung is not infringing on Apple's design patent. A US court ruled that Samsung infringed on several of Apple's patents, and ordered Samsung to pay over $1bn".

 

[Medic311]

What's done is done.

They should all start from scratch - let the best innovator win

 

[TheRainKing]

Hahaha, they drive on the left and drink warm beer, so they truly:

Think Differently!

I've lived in the UK all my life and I've never had a warm beer, in fact, I don't know anyone who has.

 

[Oletros]

"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.

The case had nothing to do with software, where ZDNet has found that?

 

[reefoid]

Is this like compound X causes cancer in California? Samsung's "design" is judged to be a copy in (all?) places but the UK? In the UK, the design was in fact so close, you might have trouble telling them apart -- from a distance -- but, wait, when you get close -- you can see the SOFTWARE on the Samsung device just isn't as "cool" as that on the iPad -- therefore the physical / hardware design -- was not copied.

I don't know why people keep bringing copying into this, that was not what the case was about. The judge even made that quite clear. This was about whether Samsung infringed a community registered design. Such an infringement could occur even though copying has not taken place. Conversely, you could slavishly copy someone's work but still not infringe on a registered design.

Too many people here don't seem to understand what the case was about.

 

[gnasher729]

Wonder how much it cost Samsung to buy that Judge?

If they did, it would cost them an awful lot. Like some years in jail for the people responsible. I doubt they did.

Consider that whatever design patents Apple has in the USA and in the UK might not be exactly the same, and that laws might be different, so that a US judge and a UK judge could make different decisions, both correct. In addition, in the USA Samsung was _not_ convicted for copying the iPad design either (but were ordered to pay >$1bn for various patents, and we may assume that if Apple hadn't felt that the iPad was copied, they might not have started the other patent cases at all).

 

[samcraig]

I am not saying it will or it won't. I don't know what text will be used and neither do you. Even if it is a completely neutral text, it won't change the person's perception.

Those who don't give a "rat's behind" about the story won't care so this won't do anything to put Samsung in a positive light in their minds. However, those who get interest in the story from the text, will research it in the news and see how pathetic it really is.

I am not antagonizing Samsung, I am just saying the whole thing is pathetic. It was stupid for Apple to fight with an appeal but I do not think that Samsung won anything either.

Yeah ok. You want to fantasize I won't stop you.

 

[OllyW]

Is there any reason why such an Apple advert wouldn't mention the US cases as well? Like "A UK court ruled that Samsung is not infringing on Apple's design patent. A US court ruled that Samsung infringed on several of Apple's patents, and ordered Samsung to pay over $1bn".

Contempt of court?

 

[iamcornelis]

Boys will be boys

It's like watching two fat guys slow wrestle, not a pretty sight if you ask me...(*sigh*)

 

[Tingler]

Yeah ok. You want to fantasize I won't stop you.

I have better things to "fantasize" about.

 

[samcraig]

Contempt of court?

Olly - why do you think some posters here are so sure that Apple will be able to just write whatever they want on this "apology" - especially given that it's court mandated. What logic is there in that?

 

[ntg]

Surely Apple just need to show both pictures, with the slogan
"Judge finds the Samsung to be Inferior!"

 

[theSeb]

I've lived in the UK all my life and I've never had a warm beer, in fact, I don't know anyone who has.

I've never seen such a thing sold here either. How quaint.

 

[Oletros]

Surely Apple just need to show both pictures, with the slogan
"Judge finds the Samsung to be Inferior!"

Where the judge found inferior the Galaxy Tab?

 

[Saladinos]

As I posted in the original topic of this:
https://forums.macrumors.com/posts/16067476/

You can't always appeal. You need to find a flaw in the judge's reasoning or the appeal will get thrown out.

 

[JoshuaTurner]

Thank the gods. This industry needs more competition. Not ridiculous patent lawsuits.

Copy is bad, competition is good. Clearly they copied the iPad - as they say an image paints a thousand words;

&

 

[The Phazer]

Olly - why do you think some posters here are so sure that Apple will be able to just write whatever they want on this "apology" - especially given that it's court mandated. What logic is there in that?

Fanboy idiocy with a side order of mild xenophobia?