UK Judge Rules Apple Must Publish Notices Acknowledging Samsung Did Not Copy iPad

[swagi]

So the innovation you claim is Kinect built into the TV rather than on top of it/in front of it? I don't know, I have a monitor in front of me right now that does all of the above too. But, you win, they're doing something before everyone else.

Don't know about Apple's TV set but I would hope it's something more than this or it would be too predictable...it's almost as if Samsung is throwing everything at the wall to see what sticks.

I haven't used one of these new TV sets and I'm not interested (owning several consoles there is no need for this gimmicky stuff). I just pointed out that Samsung (as others also) included several features in their High End LED-TVs for the sake of putting them in. And I call their implementation innovation - though their main innovation is the panel itself.

I personally still rather rely on the controller than on Kinect - guess I'll also be the guy still using a remote over talking and waving to my TV. On the other hand AllShare seems like a real nice feat ;-)

 

[powers74]

right, the only auto maker I see doing the same thing in the car industry is hyundai (another korean company) imitating the likes of mercedes, bmw.

I thought chinese companies were bad at copying, korean companies are worse.

Not anymore. Kia/Hyundai Just hired Peter Schreyer a couple, five years ago. You know, the guy that penned the original Audi TT, most of Audi's other stuff as well as a few VWs of the mid 90s, and it show in their latest models... But I digress.

BTW. I have an image I photoshopped along these lines. I thought it was in dropbox but it will have to wait till I get home.

 

[pdjudd]

Sure the judge can force Apple to do this. For a while, Listerine was required to state in every advertisement that it did not prevent colds or lessen their severity, to make up for implying previously that it did.

Totally different. Listerine made very specific claims that violated established medical laws.

ETA: It also involved existing advertisements. None of which occurred in this case. The judge is forcing Apple to say something to retract what they never advertised in the first place.

 

[Limboistik]

lol. What a dumb ruling.

 

[cgc]

What if Apple didn't admit this, will they be unable to sell in the UK? I bet if that happens the judge will get threats and reverse his ruling as people form an angry mob.

It's obvious everyone copied Apple's iPad but I don't see how the shape in general is copyrightable. Last I checked, most cars, trucks, airplanes, rockets, computers, mice, etc. looked suspiciously similar...

 

[Bonfire22]

I love this. Apple deserves every bit of embarrassment from what they've done.

What exactly did Apple do? Oh that's right, they showed the entire industry how a phone should be done and how to design and build a tablet that people actually want to use.

Apple never claimed to have designed the first phone or the first tablet, they simply designed the standard that everyone else tries to emulate.

The Samsung phones and tablets are FAR closer to Apple's devices than Apple's devices are to ANYTHING that existed before it.

It appears that the judge simply feels that what Apple did was not patentable. the ruling is a joke. The judge probably already has his Samsung money deposited into his offshore account.

The competition should be forced to place ads thanking Apple for showing them how to do it.

 

[apolloa]

I am very glad for this ruling, I find it so pathetic that these companies can't do any innovating, just try to ban each others products from sale. The public looses out big time because of this, and, as Apple is leading the pack, it's right it is punished hard as it has caused Samsung damage.

No matter what anyone thinks, you cannot patent a shape, nature invented them, not man.

If the whole patent war was just Samsung versus Apple it wouldn't be as bad, but it is spreading so fast we now have official organisations stepping in, the EU, the UN....

I think it totally sums up just how utterly out of hand all this patent trolling has got, I find it pathetic that these massive companies are buying smaller ones just for the patent book, so they can try and block a competitor from sale or what ever.

It's about damn time they stopped suing each other and started to innovate again.
Apple needs to learn it cannot simply stay at number one by ensuring IT is the ONLY choice on the market.


To proclaim you are incapable of turning a device over to see an Apple logo on one, and a Samsung logo on the other is to be very naive IMO, let alone all the other blatant differences.

 

[Rogifan]

There's zero point in doing this other than the apple haters get a hard on over it. Anyone that cares knows Apple lost this case. Fine them; have them pay Samsung's legal fees. But this ruling is nonsense. When did Apple ever mention Samsung on their website? When did they ever make false claims in their advertising? The idea that this caused undo harm to Samsung is nonsensical. Last I checked, the Galaxy S III is the top selling phone in the UK. Android phones sell. Android tablets...not so much. And it has f-k all to do with lawsuits.

 

[KnightWRX]

Actually it was blatant copying. I don't know what the beef is that this UK judge has, but both the US and Germany agreed that Samsung infringed. Their accusations are hardly unfounded.

A Dutch Judge and the UK Judge both ruled Samsung had not infringed on design registration 607. The German judge granted a preliminary injunction, he did not issue a ruling on infringement. Same for Judge Koh in California, which at first denied Apple's motion and on appeal, granted it for lack of time for Samsung to produce more prior art, the issue still needs to go to trial.

So basically, the EU design registration is 2 losses to 1 preliminary win, and the US design patent has 1 preliminary win after an appeal.

Hardly "blatant copying".

 

[ivladster]

Apple's PR and Marketing will spin this into an amazing opportunity to make fun of Samsung, don't worry.

 

[KnightWRX]

What a stupid judge, obviously an Android owner, jeez why are some people so anti-apple.

This is the same judge that said the iPad was cooler than the Galaxy Tab.

What makes you think he's anti-apple ? Can't he be... objective ?

 

[uknowimright]

it's kind of sad how many people are butthurt over this ruling

it's a company whose ultimate goal is to take as much money from you as possible (like pretty much every company ever)

I bet some of you defend Apple harder than you would your mom if she got pimp slapped by someone

 

[KnightWRX]

...cept for the small fact that physically the iPad and the Galaxy Tab are only superficially similar, rather than blatantly so.

And according to this judge, only from one angle : the front. And the design for the front has been seen many times prior to the iPad or even Apple's 2004 design registration, which means even Apple got inspiration elsewhere for it, meaning they cannot own that particular front design.

 

[melendezest]

Really??

Ok. I want to start by saying this is not about what's better. I cannot speak for others in this regard, only for myself.

Now, I disagree with this ruling and find it preposterous. My interest in this issue is purely from a consumer standpoint, as I neither work for Apple nor own any stock in the company. The court system will not change my purchasing decisions at all, whether I choose Apple or Samsung or Microsoft (if they manage to provide a superior product for me). I will buy what I like, period.

However, I believe (my opinion, for the "proof-and-link whores" out there) that Samsung blatantly copies Apple, given what I've seen in their hardware design, packaging, Android implementation, and even some advertising.

I believe that Apple doesn't like this given that they see themselves as artists first (hence the attention to aesthetics in absolutely everything, and even Tim's comment on someone else signing their painting on the All Things D interview. Have you seen the inside of an Apple laptop? Wow). As such, I believe they have a right to protect and litigate with regards to their "art". I don't believe they are wrong or evil for doing this. I would like to be able to do it too if someone "steals" my ideas. Regardless, corporate espionage is big business and counterproductive to innovation.

I believe that what I'll call "knockoffs" are not good for "competition". If anything, they actually cause stagnation. I find it remarkable that of all the companies out there, Microsoft gets this and has attempted to implement something truly different and innovative (with regards to UI at least) with its Windows Phone 7/8 product. By "innovative" I mean ingenious, new, and instantly recognizable; I cannot recall seeing a UI that looked like that.

I believe that the courts failed us, because now it appears that everybody gets a free license to copy something successful, resulting in us getting the same old thing over and over again. Remember when most pcs were all beige and non-descript? BOOOORRINNNG!!! How about if all action games looked and "felt" like, say, God of War? "Wait, our main character, Stratos, is different. He has hair, his tattoos are green, and it's based on Roman, not Greek, mythology." It would suck.

Finally, I believe that those celebrating Samsung's "victory" here, or condemning Apple for defending (legally or otherwise) what they've created (again, from a design standpoint; they're artists, remember?) really fail to see that the opportunity is out there for someone to create, design, and implement something truly amazing, but they are cheering for the guys that want to prevent this from happening.

So, like Tim said: "we need people to invent their own stuff".

I agree. I'm the consumer. Impress me. Show me something new. Something different. I'm waiting, money-in-hand.

 

[AllieNeko]

The iPhone was designed well before the Prada was even revealed. Try again.

Nonsense, the Prada was revealed many months before the iPhone. Unless you worked at Apple in engineering, you know nothing of what internal iPhone prototypes looked like before the Prada was revealed. The LG Prada was the first capacitive touchscreen slab phone, coming out well before the iPhone.

The iPhone copied a LOT of the design cues that Apple claims Samsung copied from them, such as the 4 soft buttons at the bottom, the basic design language, etc.

Now, I will also say the Prada was both more expensive and not nearly as slick and polished as the iPhone. Apple improved it a lot. But there's nothing new under the sun, and I sure wish LG had sued Apple back in the day (they talked about it but never did). Apple honestly needs someone to sue them back to reality.... they're just a big bully now.

 

[Blackbook Pro]

right, the only auto maker I see doing the same thing in the car industry is hyundai (another korean company) imitating the likes of mercedes, bmw.

I thought chinese companies were bad at copying, korean companies are worse.

100 per cent correct Anti. I cannot believe the ruling of the UK judge. He Must be on the samsung payroll

The problem with Koreans is that they have NO CREATIVE ORIGINALITY.. Their design language is a second rate copy of whoever the hot manufacturer of the moment is.

the koreans don't stop at apple. Bmw is about to receive the same copy treatment


bmw 5 series

2013 kia Quoris

bmw5 series

2013 kia Quoris

Its pathetic...

 

[quickmac]

So Samsung devices are not legally approved as being "as cool as Apple devices."

But Apple has to post about how Samsung are made up of good people who wouldn't think of stealing Apple's ideas.

So who even wins here?

Samsung gets to sell their subpar tablet and make money but lose out on some profits because now its "totally uncool compared to iPads."

Apple gets to claim their iPad is legally cooler than Samsung's tablet but has to publicly give Samsung business and do the walk of shame for daring to suggest Samsung stole their ideas.

In the end as funny as it is, I think its a simple case of the courts giving the little guy who clearly isn't as cool, popular, and talented as the big guy a chance.

 

[blow45]

If apple didn't have 512 people taking about their lawyers and their soap opera with samsung, and a thread littered with all sorts of apple zealots and apologists, but instead it had normal users like any other computer company, asking that they finally address the mounting security issues with their os's then things would be working well.

 

[69650]

This is just the beginning. If Apple loses the remaining case in the US as well I would fully expect Samsung to sue for damages around the world which could cost Apple a lot of money. Apple knew what they were doing. Take it to court and you take a risk. I said this would all end in tears for Apple. Anyone who has ever held the two devices could see clear differences.

 

[uknowimright]

100 per cent correct Anti. I cannot believe the ruling of the UK judge. He Must be on the samsung payroll

The problem with Koreans is that they have NO CREATIVE ORIGINALITY.. Their design language is a second rate copy of whoever the hot manufacturer of the moment is.

the koreans don't stop at apple. Bmw is about to receive the same copy treatment

bmw 5 series
Image

2013 kia Quoris
Image

bmw5 series
Image

2013 kia Quires
Image

Its pathetic...

Windows, Grill, Mirrors, Headlights are all different

or are you talking about the 4 rubber tires?

 

[Renzatic]

Windows, Grill, Mirrors, Headlights are all different

or are you talking about the 4 rubber tires?

They're both the same color...

No wait. They're not. Nevermind.

 

[TimTheEnchanter]

Here's their ad:

This is an Apple iPad... (sweeping camera view)
and this is a Samsung tablet. (opposite sweeping camera view)
(cut to image of ominous, mean, grumpy judge)
A judge ordered us to say: Samsung did not copy the iPad.
(split screen)
The iPad pioneered all this... (series of design and functions)
and Samsung followed us with... (series of those matching iPads)
(cut to iPad beauty transition)
Well... we will let you be the judge of that.
(fade to "iPad" and Apple logo)
The Apple iPad.
Often copied...
Never duplicated.

 

[apolloa]

Windows, Grill, Mirrors, Headlights are all different

or are you talking about the 4 rubber tires?

I'm waiting for someone to state they all copy each others big wide mouth grills....

But I think he is getting confused with the wing mirrors? They both have two?

 

[ri0ku]

"Samsung did not copy our iPad design, they just were really inspired by our designs even down to the charger and box, they also seemed to really be inspired by our icons too"

 

[jmgregory1]

I knew someone would say something to this effect when I posted that. The way I see it Samsung used the same concept in their product, but they didn't do the exact same thing. Apple tries to patent everything in sight and if they always got their way then they'd be the only computer company in the world. Macs use mice and keyboards, and so do PCs.

There's more than one side to this story, and the Court made its decision based on the evidence and testimony of both sides with respect to the letter of the law. If you disagree with the decision then that's your prerogative, but I sincerely hope you don't automatically side with every corporation's legal argument based on the fact that you like their stuff. I've been playing the PlayStation since the first console and prefer the PS3 to any other gaming system out there, but that doesn't mean I had to agree with Sony when they sued George Hotz for making custom firmware.



I feel you either misunderstood, or purposefully took that notion out of context for the sake of argument (though I'll give you the benefit of the doubt). As I said earlier, I have nearly every Apple product on the market today. I clearly prefer Apple other computer companies. No one ever said that liking Apple better than Microsoft (for example) is a bad thing. That preference is based on the product quality and customer service among other things each company provides.

The point is, there's a difference between brand loyalty and fanboyism. On a forum like this you'll see accusations going either way, and I don't mean to imply that anyone is a 'fanboy' for whichever opinion they choose to express. I just expressed my opinion and explained that while I like Apple as a consumer, I don't blindly love and support them as a huge corporation who's involved in all kinds of litigation all over the world. I never said that you are a fanboy if you choose to agree with Apple on this decision. All I'm saying is that I don't really care nor do I take sides in which company sues who over what. I look at this case as a neutral observer and see Apple as trying to stifle the competition with law suits instead of putting their money where their mouth is and making better products.

So what would you do or how would you feel? You didn't answer. Would you just roll over and pretend it never happened? That's the piece that a lot of people are discounting. You don't give a hoot that their patented design is being co-opted or outright copied, because it isn't your patent or design. I can guarantee that you would do the EXACT thing if it was your design on the line.

And you think Apple is trying to stifle competition? They're doing what the patent law requires and demands of any patent holder. They're supporting and defending their patent. If you hold no patents, then perhaps you should keep your opinion to yourself about what a patent holder should be doing.