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Apple Loses Appeal on UK Ruling Requiring Ads Acknowledging Samsung Did Not Infringe iPad Design

Thursday October 18, 2012 6:41 am PDT by Eric Slivka
Back in early July, a UK court ruled that Samsung had not infringed upon the design of the iPad with its own Galaxy Tab device, with judge Colin Birss ruling that the Galaxy Tab was simply "not as cool" as the iPad. Roughly a week later, Birss ruled that Apple must publish advertisements on its website and in newspapers acknowledging that Samsung did not copy the iPad's design.

Apple quickly appealed the ruling and was granted a stay until that appeal could be heard.


BBC News now reports that Apple has lost its appeal and is now required to follow through on publishing its acknowledgments.
The US firm had previously been ordered to place a notice to that effect - with a link to the original judgement - on its website and place other adverts in the Daily Mail, Financial Times, T3 Magazine and other publications to "correct the damaging impression" that Samsung was a copycat.

The appeal judges decided not to overturn the decision on the basis that a related Apple design-rights battle in the German courts risked causing confusion in consumers' minds.

"The acknowledgment must come from the horse's mouth," they said. "Nothing short of that will be sure to do the job completely."
The appeals judges ruled that Apple could satisfy the posting requirement for its own website by including a small link entitled "Samsung/Apple judgement" on the site for a period of one month.

Apple can still appeal to the UK Supreme Court in an effort to have the publishing requirement overturned, but Reuters notes that Apple has given no indication of planning such an appeal.

[ 428 comments ]


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OllyW
89 months ago

As I posted in the original topic of this:
https://forums.macrumors.com/showpost.php?p=16067476&postcount=15


You got it wrong in that thread too. ;)
Rating: 39 Votes
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zorinlynx
89 months ago
Thank the gods. This industry needs more competition. Not ridiculous patent lawsuits.
Rating: 29 Votes
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samcraig
89 months ago

If I was Samsung, I'd probably be feeling more like a loser than a winner in this case.


Just curious why? Apple is being forced to admit that Samsung didn't copy them. Something that they objected to. Whether you agree or not is irrelevant. Samsung, I am sure, is pleased with the verdict. Why wouldn't they?
Rating: 28 Votes
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samcraig
89 months ago
I'm going to state this again very clearly.

I have no idea why people think the announcement on Apple's site is going to be cheeky/snarky/etc. It's not like Apple is going to be able to write whatever they want. It would be incredibly surprising if the announcement didn't have to be first approved by the court who is mandating the announcement.

Reality vs fantasy folks.
Rating: 21 Votes
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KnightWRX
89 months ago

Because it is utterly humiliating. The whole thing.


Uh ? How is it humiliating that they were found non-guilty of design infringement and multiple counts of patent infringements exactly ? :confused:
Rating: 17 Votes
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Rootus
89 months ago
I think they should put up an advertisement with them side-by-side, using one of Samsung's own promotional pictures of their tablet which shows it most similar to the iPad, and then say "No, Samsung did not copy the iPad. Not at all." and leave it at that.
Rating: 16 Votes
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KdParker
89 months ago
can't win them all....

Can't wait to see the wording of the Ad ;)
Rating: 16 Votes
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samcraig
89 months ago

Because it is utterly humiliating. The whole thing.


So you think Apple is excited about having to do this? I would think it's humiliating for them to be forced to admit something they don't want to.
Rating: 16 Votes
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samcraig
89 months ago

Wonder how much it cost Samsung to buy that Judge?


are you remotely serious?
Rating: 14 Votes
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kdarling
89 months ago
This is what the announcement has to say

I have no idea why people think the announcement on Apple's site is going to be cheeky/snarky/etc. It's not like Apple is going to be able to write whatever they want. It would be incredibly surprising if the announcement didn't have to be first approved by the court who is mandating the announcement.


Everyone who said the announcement would be written by the court is correct:

Here's what Apple was originally ordered to do for the period of one year or until the judge decided otherwise:

Order: Post in a size no smaller than Arial 14pt, the following notice on all the Apple EU homepages, and also do the same in the following on a page before page 6: The Financial Times, the Daily Mail, The Guardian, Mobile Magazine and T3 magazine:

"On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited's Galaxy Tablet computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple 's registered design 000181607-0001. A copy of the full judgment of the High Court is available via the following link [insert hyperlink]." :
Rating: 10 Votes

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