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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Just goes to show. If you hunt enough you can back up your own bullshit.
But if they (Iphones) are so much cooler (which they are not) as you know I am very happy Iphone user its a fantastic product but Samsung’s phones have probably past Apples in the ‘Cool’ stakes.
But if they are so much cooler, why did they just loose the bigger court proceedings claiming Samsung copied Apple, that implies they are in fact the same (a copy) and not cooler?
Many believe the result of the verdict helped Samsung more than Apple.
http://mashable.com/2012/08/25/verdict-benefit-samsung-apple/
I think you must have read this quickly or you have serious comprehension issues Craig. This is about iPads/tablets not phones.
This is Apples’s response to the UK court ordering them to declare the findings that Samsung was not held to have copied Apple’s tablet designs. It’s on the Apple website, as ordered. No hunting necessary.
What ‘bigger court proceedings’ are you referring to?
Did you read this above?: 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.”
Bigger than that?
As for the thought that the $1bn damages ‘helped’ Samsung, yes, you have a point there. It’s certainly given them a higher profile and garnered them some attention. As plagiarists and dishonest business partners.
As for ‘cool’ … that’s a decision for you to make. I’m with the judge on that score. I’m happy with my choices, thanks.
– P
Bait and switch anyone?
Your headline states Samsung design not as cool as Apples. You did not state Tablets. Small detail sure but when you are as much of a deluded fanboy as you I think it speaks volumes.
But your right. I did read it but because the whole article repeatedly states Design (period) not tablet design or Ipad design. I interpreted that as shock horror Design. I know the verdict clearly states tablets.
Do you realize this is same Apple head swell which happened like 5 months ago which you linked too.
I assumed this was a new update on the other Legal Pissing contest between Apple and Samsung.
And I agree back to Phone side of the debate. (which in essence the same debate) Apple are running scared their precious devices are going to passed in popularity. So are suing everything in its path. Tablets and or Phones. Arseholes!
I-Phone is the better Phone in our views. Granted, but better does not mean cooler.
Your so so wrong thinking Apple phone is cooler Since the Galaxy III and other new Android Phones Note etc…Samsung has taken the cool mantel even after the Iphone5 release. And in some respects the 5 just galvanized Samsung’s place. 5 Is huge disappointment. Apple Phones are falling behind and fast. They will need to make huge changes in up coming years.
And I foresee at this rate I will moving to Android in next couple of years if something does not change.
Sure there will be people who will never move from Iphone and will be happy. But if they think they now have the better Phone by miles. Ignore them they are bigots.
Craig:
Oh dear, you appear to have so much projection going on.
My post consists of a complete quote of the UK court-sanctioned statement that Apple was obliged to publish on its website when it LOST a patent infringement case in the UK. Basically, the court ordered Apple to publish a statement that Samsung had NOT been proven (in that case) to have copied Apple.
Apple appealed that order (which must have felt like being ordered to drink a cup of cold vomit) and LOST that too. So … they published the statement as ordered. Their PR people slanted it so much, quoting the judge (not me) saying Samsung design is ‘not as cool’.
“….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.”
I personally agree with that statement* (so what?) but more to the point, I’m amused by Apple’s PR spin turning a court-ordered statement of defeat into a bit of a burn on Samsung. I find that funny.
Your venomous response is OTT. Buy whatever phone you think suits your needs. That’s all I’m doing, and I am not at all ‘disappointed’ in the iph5. It’s a big improvement on my iph4…
As for Samsung ‘slavishly copying’ … nah …
– P
* I’ve had a play with my sister-in-law’s Galaxy SIII and it has some significant ‘cool’ in my view, but it’s still not as cool. Judgement call.
You find that funny because your an Apple Fanboy trying to find the glimpse of the decision that makes Apple look good. Did you think it was funny that Samsung have come out on the better side of loosing the Phone trial No, because it done not suit your viewpoint.
That Tweet of Marco is just plain self justification. Hes full of it. Also probably did not pay for it.
Its a big improvement on the 4 oh really. Name 5.
And I don’t have an axe to grind either I like to add balance, which Peter day by day demonstrates 0
Nice example Peter I had a Motorola with a very similar looking cable before the I-phone was a twinkle in Johnny’s eye…..
Personally speaking … and i have no particular axe to grind … I’ve been an apple/mac user … forced on me by circumstance. Brilliant products and i can now see why people love them and are fiercely loyal to them.
But .. i cant afford Apple products – too expensive and too specialised. I realise some of the issues around specialisation are partly perception .. but they are real issues nonetheless. You have to have bucks to own or upgrade apple products.
It was sad to see my apples/macs not replaced – but it had to happen sometime.
However i see Apple as a genuine, honest player – as such being continually ripped off by others and emulated to the max in all things. I can remember people saying Ipad was a “fad” and “toy” … but now go to any airport anywhere and people are touchscreening their asses off. The Ipad is still seen as the top of the pyramid for most … for me unattainable but still the epitome of design and functionality.
I just cant justify the cost when i can get the same type of thing for less money.
Hi Ivan. You won’t be surprised to learn some people in the (gasp) 1990s referred to Apple as ‘the BMW of computers’. Ahem.
Thanks for your comments. – P
you and your bloody BMW’s … its a good thing for you that i am a great admirer of teutonic engineering. The british aviation mechanics restoring “black six” .. an original BF109 fighter were told by Rolls Royce (i think) who did some work on the crank of the Daimler Benz powerplant “for gods sake dont damage it … even today we have difficult machining to these tolerances …” (paraphrased) or words to that effect.
Heh! Good on you.
I think, like BMW, Apple has plenty of competition:
http://mashable.com/2012/10/26/samsung-shipped-twice-as-many-smartphones-as-apple-last-quarter/
Apple is not an honest player they are no more honest than any other Technology company.
An example Apple stated over 12 months ago. We will never make a Pad smaller than 9.5 inches. Ahem Ipad Mini (awful name by the way)
And the mass hysteria has got to Ivan as-well I see Apple has not been copied any more than Apple copying others but of course Apple slaves use the argument Apple steal things and build upon them making them better. Ok (insert derogatory insult) have it both ways.
Apple have deeper pockets and are simply wanting to make them deeper.
If taking this stand makes you sleep better. Great.
Remember – i readily admit to not being overly well informed – merely expressing my perceptions. I’ve never represented perception as truth … but it can be reality …
I am no fan of IT or gadgets … i often find myself openly despising Peters posts about same … they seem – well – pretentious one-upman-ship (much like playing golf and owning a BMW … Techonology is taking us backward not forward. We are only left now with supposedly communicating our common humanity on blogs.
Blogs are millimetres away from dragging knuckles and slinking back into primordial ooze … (sorry i was thinking of a National Party Conference there..)
Boo! More projection. Celebrating something (like golf) does not equate to pretension. (Unless it does.)
The whole point of this post was to log a quiet snigger at Apple’s PR putting a ‘burn’ spin on the court-ordered statement that their UK case FAILED against slavish copiers Samsung … who didn’t just copy Apple.
See this from reporting on Apple’s US case:
http://allthingsd.com/20120806/iphone-caused-crisis-of-design-at-samsung-memo/
“It’s a crisis of design.” Or, as the UK judge put it: ‘Not as cool’.
– P
PS: Ivan, I know you’re only joking, but National Party conferences I’ve been to (as a working Press Gallery journalist) have been very civilised affairs. Knuckles were, in most cases, carried at average height.
Just yankin ya crank big guy … however i saw a doco on a National Party gathering … including this absolutely bizarre take on the Young Nats. For a moleskin Beemer driving upwardly mobile media type .. it probably is civilised. To me … the knuckles on the ground were all metaphorical – but they were dragging on the ground only the participants depicted wouldnt have realised it.
Its like the two characters in Fountaingate mall (“prooo and Truuuud”) on the Kath and Kim series .. very very very similar.
You may have been having a poke at Peters expense.
But I agree Golf is pretentious and Gadgets and technology in the most part is bad for the population.
People sit in groups looking at their Phones its a big problem.
However I play golf weekly enough to have a 16 handicap (its not that good but I’m happy) and I love golf.
I love Gadgets, I work for a living with Technology. But I am far from the oneupmanship cartel. If I was I would have a Mac. Sorry couldn’t help myself.
Im lousy at golf craig … so im probably just jealous. Plus im technophobic and tend to make things break down and malfunction just by looking at them.
Pete is right … i am projecting .. but then so is he – he just doesnt realise it.
We are, of course, all just dealing with holograms. As someone wise once said to me: “There’s no-one else out there!”
The challenge, given such circumstances and working with this understanding, is empathy. And not reflexively writing off others’ points of view.
My approach or ‘winning formula’ is to embrace dissent short of hate speech and nakedly dishonest dissemblement, and to always ask myself: “Have they got a point? Could I see it that way?”
I was introduced to the idea of the fastest draw in the West** in a Politics paper on policy analysis, where i saw that whosoever convincingly defined “the problem” set the agenda … and prescribed the solutions.
– P
** viz. “I’ll define you before you define me.”
OK people … lets break this out into boxes …
– Pete is a hologram(non real virtual projection)
– Pete Is never naked while being dishonest?
– Pete embraces (gets intimate with) dissent short of hate speech (how does this impact on the statement as an example … “you are an asshole…” – ie i am dissenting by being opposed … can i get intimate or ’embrace’ that or is that hate speech…
Now … having defined the problem … in boxes … can i now prescribe the solutions …
Buy a new BMW – play more golf – get bigger Y fronts and let out the belt on the moleskins.
“Monique says you’re dumb.”
Pete thats oh so very passe …
I’ve been telling monique for months not to have those t shirts about you printed …
We all love you
I may have been too subtle.
My ‘Monique’ reference was to the “I’ve been internalising a really complicated situation in my head” road safety TVC which provides a good example of the whole projection/holograph thing.
What’s the worst that can happen? Someone thinks you’re dumb.
As i have often said to you pete you are too subtle for a bear of little brain like me.
I can only lamely grasp at the coattails of more sophisticated reasoning than my own …
Suspect that was the reasoning behind the ad campaign .. the putdown .. the downside of being responsible and or outspoken …
young lad says ” i was just internalising …” prior to flashbacks of “monique says youre dumb…” and other things including “puzzletime”
Sometimes pete … your upper middle class persona just doesnt get it ….
You are a clever man – but so was Josef Goebbels.
No comparison intended … just “monique thinks youre dumb…”
Here are the lovelies themselves frash fram remmas …
http://www.youtube.com/watch?v=1sV4Uep4cGM