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Tech: Apple's Apology to Samsung [The Judge is still ANGRY]
Member Since: 4/21/2011
Posts: 42,362
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Apple's Apology to Samsung [The Judge is still ANGRY]
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"What Apple added was false and misleading. There is a false innuendo that the UK court's decision is at odds with decisions in other countries whereas that is simply not true. I found that very disturbing: that it was beyond the technical abilities of Apple to make the minor changes required to its own website in less time beggared belief. In end we gave it 48 hours which in itself I consider generous. We said the time could be extended by an application supported by an affidavit from a senior executive explaining the reasons why more was needed. In the event no such application was made. I hope that the lack of integrity involved in this incident is entirely atypical of Apple."-Judge Robin Jacob
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Instead of following the court ruling as to the content of the post, Apple put up parts of the judge's ruling that said the iPad "was striking," with a "cool design." Apple also noted that the judge said that Samsung GALAXY Tablets "...do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool."
Judge Robin Jacob was livid when he saw what Apple had done and demanded a change in the wording of the 'apology'. After being given a 24 hour deadline, Apple finally did post a 'boilerplate' apology that was more in line with the judge's request.
Judge Jacob is still angry and on Friday, he said that Apple showed a "lack of integrity" when the company told the judge that it would take two weeks to change the original statement on its website. The judge added that Apple published "false and misleading" statements.During a November 1st hearing, Lord Justice Longmore told Apple, "We are just amazed that you cannot put the right notice up at the same time as you take the other one down." Jacob added: "I don't believe the instructions you have been given. This is that Apple cannot put something on their own website?"
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http://www.phonearena.com/news/Judge...egrity_id36452
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Here's the new version
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Samsung / Apple UK judgment
On 9 July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s Community registered design No. 0000181607-0001. A copy of the full judgment of
the High Court is available from http://www.bailii.org/ew/cases/EWHC/...2012/1882.html.
That Judgment has effect throughout the European Union and was upheld by the Court of Appeal of England and Wales on 18 October 2012. A copy of the Court of Appeal’s judgment is available from www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the Community registered design in force anywhere in Europe.
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http://www.apple.com/uk/legal-judgement/
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The U.K. Court of Appeal in London ordered Apple to remove the statement within 24 hours and place a new notice acknowledging the inaccurate comments. The Cupertino, California-based company was told by the same court last month to post the initial notice as part of a ruling that Samsung’s Galaxy tablets didn’t copy the design of Apple’s iPad.
Enlarge image
An Apple Inc. iPad 2, left, and a Samsung Electronics Co. Galaxy Tab 10.1 tablet computer are arranged for a photograph in Seoul. Photographer: SeongJoon Cho/Bloomberg
“I’m at a loss that a company such as Apple would do this,” Judge Robin Jacob said today. “That is a plain breach of the order.”
The decision is the latest in a lawsuit that dates back to a July judgment in which a London judge said the design for three Galaxy tablets didn’t infringe Apple’s registered design because they were not “cool” enough.
The court’s initial order to post a notice was designed to correct the impression that the South Korean company was copying Apple’s product. Apple’s post, criticized by judges today, inserted four paragraphs including excerpts of the original “cool” ruling and details of similar German lawsuits that the court today said weren’t true.
The notice has created the “impression that the U.K. court is out of step with other courts,” Henry Carr, Samsung’s lawyer, said in a filing to the judges.
Fast, Loose
“It was clear the judges were not happy with what Apple had done,” Gary Moss, a lawyer at EIP Partnership LLP who attended today’s hearing, but isn’t involved in the case, said in a phone interview. “They thought Apple was playing fast and loose.”
Alan Hely, a spokesman for Apple, declined to comment on the ruling. Michael Beloff, a lawyer for the company, told the court that the comments were in line with the original order.
The notice “is not designed to punish, it is not designed to makes us grovel,” Beloff said in court today. “The only purpose is to dispel commercial uncertainty.”
Apple’s request for 14 days to make the changes was rejected.
Technical Difficulties
“I would like to see the head of Apple make an affidavit setting out the technical difficulties which means Apple can’t put this on” their website, Jacob said. “I just can’t believe the instructions you’ve been given. This is Apple. They cannot put something on their website?”
Bitter patent and trademark disputes are playing out in courts around the globe as rivals including HTC Corp. (2498), Apple and Samsung fight for dominance in the smartphone and tablet computer markets. The Court of Appeal in an Oct. 18 ruling that called for the website notice criticized the split rulings from different national courts.
In August, Apple won a $1.05 billion U.S. jury verdict in a patent case between the companies, while a week later a Tokyo court ruled Samsung products don’t infringe an Apple invention for synchronizing music and video data with servers.
A German court in July granted Apple a Europe-wide injunction preventing Samsung from selling one model. Australian and Dutch courts have also issued rulings that contrasted with decisions in the U.S. case.
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http://www.bloomberg.com/news/2012-1...sung-case.html
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Last week Apple lost an appeal against a UK High Court of Justice ruling, and was told to post a public apology to Samsung. In Arial. Now it's popped up online.
The apology isn't a friendly "sorry I screwed up", but a rather long, dull passage of legalese. No surprise, really, but it is good to see that Apple is complying with the order that the passage be posted in Arial. When the apology hits the newspapers—presumably today or tomorrow—it should appear in text "no smaller than 14 pts" in size.
The original legal case in question threw out Apple's complaints about Samsung, when Judge Colin Biriss explained that Galaxy tablets "do not have the same understated and extreme simplicity which is possessed by the Apple design... They are not as cool." As a result, Biriss judged that consumers were unlikely to confuse the two tablets, meaning that Samsung's product didn't infringe on Apple's registered design.
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http://gizmodo.com/5955127/apple-pos...nline-in-arial
And here's the apology
http://www.apple.com/uk/legal-judgement/
The war is not over yet, but congrats Sammy for winning this battle
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Member Since: 4/25/2011
Posts: 41,661
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They better.
I was mixed when they sued Samsung for the Galaxy Phones but when they sued for their tablets, it was really inappropriate.
Apple is sooo shady with that apology tho 
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Member Since: 6/9/2011
Posts: 9,749
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Member Since: 6/9/2011
Posts: 9,749
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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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Wait, What the **** 
Apple 
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Member Since: 4/21/2011
Posts: 42,362
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Originally posted by jomarr
They better.
I was mixed when they sued Samsung for the Galaxy Phones but when they sued for their tablets, it was really inappropriate.
Apple is sooo shady with that apology tho |
The Galaxy S1 does look like an Iphone (and the first touchwizz too), but now the only thing the last Samsung phones/Tabs have in common with Iphones is the menu bouton.
Did Sammy even pay the 1 billion ?
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Member Since: 5/4/2012
Posts: 12,811
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 @ the salty apology. Apple sound mad as hell tho.
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Member Since: 2/29/2012
Posts: 17,071
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Originally posted by H-I-M
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 at the concluding sentence:
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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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Member Since: 4/25/2011
Posts: 41,661
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Originally posted by H-I-M
The Galaxy S1 does look like an Iphone (and the first touchwizz too), but now the only thing the last Samsung phones/Tabs have in common with Iphones is the menu bouton.
Did Sammy even pay the 1 billion ?
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Not yet. But with their 8 Billion Revenue on the 3rd Qtr, they could send that check to Apple anytime
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Member Since: 5/10/2011
Posts: 16,465
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"They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool."
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Member Since: 5/4/2012
Posts: 12,811
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Originally posted by H-I-M
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How does your avatar keep changing, like 10 seconds ago its was another big titty bitch lol
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Member Since: 4/21/2011
Posts: 42,362
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Originally posted by Big Smoke
@ the salty apology. Apple sound mad as hell tho. |
Of course they are, that's a huge humiliation, especially for Apple with their huge EGO
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Member Since: 4/21/2011
Posts: 42,362
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Originally posted by Big Smoke
How does your avatar keep changing, like 10 seconds ago its was another big titty bitch lol
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It's magic sis, magic 
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ATRL Administrator
Member Since: 6/29/2002
Posts: 77,601
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I don't see any apology. They are clearly in contempt of court and all of Apple should go to jail.
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Member Since: 2/16/2012
Posts: 8,740
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Originally posted by jomarr
Not yet. But with their 8 Billion Revenue on the 3rd Qtr, they could send that check to Apple anytime
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"When the judge ruled that Apple hadn’t infringed on Apple’s patents, he noted that Samsung designs are “not as cool” as Apple’s. Apple decided to quote his exact words in its statement."
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Member Since: 6/18/2012
Posts: 3,226
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Apple will win again as usual, watch out sammy
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Member Since: 4/25/2011
Posts: 41,661
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Originally posted by RastaMentality
"When the judge ruled that Apple hadn’t infringed on Apple’s patents, he noted that Samsung designs are “not as cool” as Apple’s. Apple decided to quote his exact words in its statement."
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I forgot to [/sarcasm] in my post. Sorry for the confusion
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Member Since: 4/22/2011
Posts: 5,090
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Originally posted by Big Smoke
@ the salty apology. Apple sound mad as hell tho. |
!!! I'm glad they lost tbh.
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Member Since: 4/20/2011
Posts: 26,993
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Member Since: 9/3/2011
Posts: 22,014
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The last sentence! drag them Apple! 
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Member Since: 1/6/2012
Posts: 12,011
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That was an apology?!?
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