If you haven’t been following the lawsuit saga between Samsung and Apple, you may have missed a ruling from the high court in the UK, yes, Apple and Samsung are suing each other all over the world. In this particular case, Apple lost its suit in which they claimed Samsung knowingly ripped off their design of the iPad for the Galaxy Tab (all versions). However, the ruling court Judge didn’t see it that way, because he thought Apple’s was cool and Samsung’s was…well, not.
After the decision was made, the court told Apple they had to post a not on their website (the UK site) and run ads informing the public that Samsung did not copy their design. So, complying with the courts demand, Apple posted a notice and in doing so, took some jabs at Samsung by using the Judge’s own statements:
When talking about Apple’s iPad, he said:
“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.”
When referring to the Galaxy Tab by Samsung, he said:
“They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool.”
So while it certainly points out the fact that Samsung didn’t copy their design, it does so with jest and a good bit of fun. We’ve attached the full notice below, as well as a link above.
Apple Statement:
==================
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.