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Judges Order Apple to Post Corrected Samsung Statement

By - Source: via The Guardian | B 55 comments

Apple has been told to rewrite the statement about Samsung that published on its website last week.

Apple and Samsung have been duking it out in court cases around the world for months. However, Apple was recently handed a rather unique loss when it was ordered to post a statement on its website notifying people that Samsung was found not guilty of infringing upon Apple-owned designs. Apple appealed the ruling but complied last week when it lost that appeal. However, the statement Apple published was a little bit sneaky. You see, while Apple's statement did concede that Samsung was found not-guilty in the UK, it also included mentions of all the lawsuits Apple has won against the South Korean company outside of the UK.

Now, UK court of appeal is a bit peeved. According to the Guardian newspaper, Apple has been reprimanded over the wording of the statement and ordered to change it. Not only that, but the company has been told it must post the updated version on its UK homepage (the last statement was just linked from the homepage) and use at least 11-point font.

Apple was given 24 hours to make the change, which it tried to fight, claiming it would need two weeks. Bloomberg writes that Judge Robin Jacob, who described the statement as a plain breach of the order, said that he couldn't believe Cupertino would need two weeks to put something on its website.

"I just can’t believe the instructions you’ve been given. This is Apple. They cannot put something on their website?" he's quoted as saying.

According to Bloomberg, Samsung's complaint to the court implied that the UK courts were "out of step" with others around the world.

Apple's original statement can be seen below. We'll be sure to update with the new one when it becomes available.

Samsung / Apple UK judgment

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 notinfringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the Highcourt 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.

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Top Comments
  • 40 Hide
    husker , November 1, 2012 4:18 PM
    If I were the judge I would have told them "Two weeks? No problem, take as long as you need. Your website will be offline until the correction is made."
  • 31 Hide
    arcticfury , November 1, 2012 4:07 PM
    Will take at least "two weeks" to change some text on their website. Please. Reminds me of a child trying to "apologize" while simultaneously spewing an insult.
  • 28 Hide
    Anonymous , November 1, 2012 4:14 PM
    HAHAHAHA Screw You Apple!
Other Comments
    Display all 55 comments.
  • 15 Hide
    Usersname , November 1, 2012 4:06 PM
    all is fair in war and war
  • 31 Hide
    arcticfury , November 1, 2012 4:07 PM
    Will take at least "two weeks" to change some text on their website. Please. Reminds me of a child trying to "apologize" while simultaneously spewing an insult.
  • 23 Hide
    hate machine , November 1, 2012 4:14 PM
    arcticfuryWill take at least "two weeks" to change some text on their website. Please. Reminds me of a child trying to "apologize" while simultaneously spewing an insult.


    Yo dawg I herd you like lawsuits, so we put some contempt in your court so you can contempt while you contempt.
  • 28 Hide
    Anonymous , November 1, 2012 4:14 PM
    HAHAHAHA Screw You Apple!
  • 40 Hide
    husker , November 1, 2012 4:18 PM
    If I were the judge I would have told them "Two weeks? No problem, take as long as you need. Your website will be offline until the correction is made."
  • 13 Hide
    SneakySnake , November 1, 2012 4:20 PM
    Naughty Apple
  • 14 Hide
    alidan , November 1, 2012 4:23 PM
    john_4two weeks, almost as pathetic as MS saying it was impossible to remove IE from their OS. Giving credit to their excuse IE was and is at the kernel level so the FEDS would have their kernel level built in back doors.


    that IE ruling was stupid, so VERY stupid, unless of coarse windows actively blocked other web browsers, but even than, you chose microsoft, deal with it.

  • 25 Hide
    eternalkp , November 1, 2012 4:25 PM
    the judge should make apple pays for such nonsense
  • 23 Hide
    TeraMedia , November 1, 2012 4:32 PM
    @husker:

    Or even better:
    2 weeks? Take as long as you like. You lawyers and the CEO will be drafting the content from any of our several spacious 2m x 3m UK accommodations. Each features its own sink, toilet, window, door, bed, and even a security system!

    We will let you know as soon as we approve of your apology.
  • 25 Hide
    Onus , November 1, 2012 4:37 PM
    That statement is so far from an apology that I would have liked to have seen Apple slapped with the biggest contempt of court penalty available under UK law. It reads more like a whiny advertisement.
  • -6 Hide
    cRACKmONKEY421 , November 1, 2012 4:41 PM
    What do you see when you watch two companies in a pissing match?

    A couple of dicks.
  • 25 Hide
    balister , November 1, 2012 4:41 PM
    huskerIf I were the judge I would have told them "Two weeks? No problem, take as long as you need. Your website will be offline until the correction is made."


    Personally, if I had been the judge, I would have responded:

    "You are in contempt of court, you have until the end of the day to update your statement and remove the falsehoods. If you do not you will be fined, as part of your contempt, of 100,000 pounds per minute you do not make the change."

    This means, after the first hour, Apple is down 6 Million pounds (effectively $9 Million), after the first day, 144 Million pounds ($216 Million).
  • 23 Hide
    dark_knight33 , November 1, 2012 4:45 PM
    Jane, thanks for printing Apples current wording of the statement, rather than just dropping a link.
  • 6 Hide
    house70 , November 1, 2012 4:59 PM
    cRACKmONKEY421What do you see when you watch two companies in a pissing match?A couple of dicks.

    Apple is a company, but you can hardly say that of a UK court.
  • 27 Hide
    dauntekong , November 1, 2012 5:25 PM
    How hard is it to say "I'm sorry Samsung, you did not copy us."

    Apple is like those annoying kids who really need a good pounding
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