UK Court Rejects Apple's Court-Ordered Samsung Statement, Calls for a Re-Write

November 1, 2012 -

The UK court of appeal was not happy and strongly admonished Apple for adding additional text regarding other court cases. Ultimately the court said that Apple's statement was "non-compliant," and that it must reword it within 48 hours, link prominently to it from its homepage until December 14, and use at least an 11-point font. The statement is currently linked at the bottom of the site and requires visitors to actually look for it. It's not exactly getting a prominent placement at the moment.

Apple tried to object to the court's order, saying that a new draft of the note would take "at least 14 days to create." One of the judges on the panel rejected that timeline, saying he "cannot believe" that claim. (As legal excuses go, Apple probably could have some up with something a bit more weighty.)

You can read the statement as it currently is written below:

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 not infringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the High court 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.

Source: Guardian by way of VentureBeat

 


Comments

Re: UK Court Rejects Apple's Court-Ordered Samsung ...

Apple acting like this just makes me want to own an Android based phone more.

Re: UK Court Rejects Apple's Court-Ordered Samsung ...

Apple, seriously.  This is pathetic.  Nobody cares how "cool" a court of law declares your tablet to be, and nobody except your lawyers and two idiot judges think that it's reasonable to claim a patent on a rounded rectangle.  This whole string of lawsuits makes you look like a jackass and a bully.

 
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