Apple Posts Apology To Samsung Saying Samsung Didn’t Copy The iPad, But Really Did

As ordered by the UK courts, Apple has posted their pseudo-apology to Samsung for the ruling that states in a masterfully written way, that Samsung did not copy Apple, but they kinda, sorta did. The statement appears to be the work of at least a few crafty lawyer types who make sure to point out the Judge’s own remarks on Apple’s “simple” and “cool” products.

In fact, Apple decided to include this entire paragraph from the Judge’s findings:

“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.”

Moreover, Apple included statements on other rulings around Europe that favored Apple and their legal requests to enforce patent laws. I find a little humor in how this was written, it’s as much a half-hearted apology as it is a way for Apple to show that while we lost in the UK, we’ve won in Germany, and the US to the tune of over one billion US dollars. I wouldn’t be surprised if whoever wrote that intended to do so in their best Dr. Evil impersonation. I can’t wait to see how the Judge reacts to the statement and if they find it fulfills the terms of Apple’s apologetic requirements.

The entire statement reads below and we’ll be eager to hear your thoughts.

Apple UK

 

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 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.

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