The appeal judges had also ordered Apple to publicly acknowledge that Samsung didn’t copy the iPad on its website and run the “apology” ads in the news publications.
MacRumors reports that Apple has now posted a small link to a webpage in the footer of its UK website, where Apple acknowledges the judgement that Samsung had not infringed on the iPad design with their Galaxy Tab.
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.
However, instead of just acknowledging the judgement, Apple goes on to highlight the comments made by the judge while comparing 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.”
Apple also points out that a German court had found that Samsung engaged in unfair competition by copying the iPad design while ruling on the same patent.
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.
It definitely doesn’t seem like an apology to us. It remains to be seen how Samsung reacts to Apple’s latest attack and how the judge reacts to it.
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