Ramblings of a Professional Computer Geek

October 26, 2012

What Has Happened To Apple?

Filed under: Android,Apple — Padma @ 1:53 pm

They used to be a “cool” company, with “cool” products. Now, they are loudmouthed, belligerent, disrespectful, and just plain snarky.

They were recently ordered by a British court to post an apology to Samsung, saying that Samsung did not copy Apple’s IP. They have posted a very ungracious “non-apology” on their UK site.

Here’s their post as text:

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 http://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 http://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.

Read what the court ordered Apple to do, and then re-read this “apology”. It’s like a little brat of a child who says, “Mom said I had to apologize for saying you stole my cookie. But other kids saw you do it, too.” Mom knows that’s not an apology, just as well as the bratty child does. Yet Apple virtually ignores the thrust of the judge’s order, and deliberately undercuts it with the last sentence.

If you read the court documents, you will see that the judge disallowed the German verdict from applying, because that case should have waited for this one to finish. And to cite the California verdict by a jury accused of misconduct is just further ridiculousness.

This is blatant disrespect for the law, and I hope the UK system hauls them up for contempt.


1 Comment »

  1. […] snarky notice came to the attention of the court. The judge was not amused. “I’m at a loss that a company […]

    Pingback by UK Judge: Apple Notice “Breach of Order” « Ramblings of a Professional Computer Geek — November 1, 2012 @ 10:02 am | Reply

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