Print 75 comment(s) - last by flyingpants1.. on Jul 21 at 11:22 PM

  (Source: Walt Disney)
Court makes ruling after agreeing with Samsung that Apple's false statements could have caused harm

While the insanity continues in the U.S. with Apple, Inc. (AAPL) being granted software patents with little care for reason, in the United Kingdom sanity has slowly been restored, thanks to proactive London courts.

In recent weeks Apple saw UK courts order its design patent narrowed and many of its European Union software patents invalidated.  There would be no bans of Android tablets or smartphones based on Apple's tenuous, and often painfully obvious "invention" claims, the judges ruled.

The decision only applies to the UK, as in the EU patents are granted first by regulators with the union's intellectual property body, then reissued as identical patents by each member-state.  In other words, only the UK copy of the European Patent was invalidated.  But the decision has a strong likelihood of informally swaying the decisions of courts in other member states, given the UK's leading economic role in the EU.

To add insult to injury, the UK court has ordered that Apple print an apology to Samsung Electronics Comp., Ltd. (KSC:005930) in several major newspapers, acknowledging that its competitor's design was not a copy of the iPad.

Samsung’s lawyer Kathryn Pickard complained at a UK hearing that Apple's highly publicized claims that Samsung had "stolen" the iPad design "caused real commercial harm."

While late Apple CEO Steve Jobs accused Samsung of "stealing" his company's ideas, vowing "thermonuclear war", Samsung has never admitted to doing such a thing.  By contrast Mr. Jobs himself  brazenly bragged of his company's lust for stealing others' work, "Picasso had a saying - 'Good artists copy, great artists steal.' And we have always been shameless about stealing great ideas."

The court agreed with Samsung's assessment that Apple had harmed it with lies.  It ordered Apple to pay for notices in four of the nation's top newspapers/publications --  Financial Times, the Daily Mail, Guardian Mobile magazine, and T3.  A draft must be sent to Samsung's lawyers for approval.

Financial Times
Apple must pay for apologies in several top UK publications. [Image Source: The Guardian]

Apple must also print a notice on its UK homepage for six months stating that Samsung's tablets are unique and do not copy its iPad.

Richard Hacon, Apple's lawyer bemoaned the ruling, saying it would amount to "an advertisement" for Samsung.  He commented, "No company likes to refer to a rival on its website."

Apple's lawyers of late have been open in acknowledging how difficult it is for their company to keep up with its more lively South Korean rival, commenting, "Samsung is always one step ahead, launching another product and another product."

Sadly for those lawyers, their dream of trying to catch up by banning the competition have been rewarded with a public-relations nightmare.

Source: Bloomberg

Comments     Threshold

This article is over a month old, voting and posting comments is disabled

What if...
By Shadowself on 7/18/2012 4:07:43 PM , Rating: 2
Apple posts the following on its web page and in the papers...

"According to a UK judge, Samsung’s products are not cool enough to be copies of our product. Visit an Apple Store or our online store for the Genuine iPad."

That statement is 100% fact and complies with the directive.

RE: What if...
By Etsp on 7/18/2012 4:14:49 PM , Rating: 4
Please tell me you have a patent on that blurb. If not, I'm betting Apple will steal it.

RE: What if...
By vXv on 7/18/2012 4:19:19 PM , Rating: 2
He has the copyright which should be enough. You can't patent a text paragraph (in theory but given the insane patent system who knows ..)

RE: What if...
By messele on 7/18/2012 4:54:05 PM , Rating: 2
You also cannot copyright a factual quote of another person.

Even so... wacky summing up statement for a judge and don't worry citizens of the world, the law in the UK isn't as great as you may think.

See: "John Terry" "Racist" "lip reading" and "reasonable doubt" to see how big an ass the legal system is over here too.

RE: What if...
By vXv on 7/18/2012 6:15:07 PM , Rating: 3
You also cannot copyright a factual quote of another person.

Indeed if it is just a quote you can't (I assumed he wrote it) but it may be too short to be copyrightable anyway.

See: "John Terry" "Racist" "lip reading" and "reasonable doubt" to see how big an ass the legal system is over here too.

Don't worry I yet to have see a legal system that isn't broken.

RE: What if...
By Samus on 7/18/2012 6:31:02 PM , Rating: 2
unfortunately you can patent text, as a trademark.

RE: What if...
By vXv on 7/18/2012 7:01:49 PM , Rating: 3
Well a trademark is not a patent and afaik you can't trademark a whole paragraph.

RE: What if...
By Helbore on 7/19/2012 5:25:33 AM , Rating: 5
You can't patent a text paragraph

You can't patent a rectangle, either.

Oh, wait....

RE: What if...
By justjc on 7/18/2012 4:15:30 PM , Rating: 2
You seem to have missed the part where Samsung have to approve the adds and messages ;-)

RE: What if...
By really on 7/18/2012 7:14:36 PM , Rating: 2
You must have missed the part where ad only has one d. ;-)

RE: What if...
By Helbore on 7/19/2012 5:37:18 AM , Rating: 2
Not necessarily. The judge said that the statement of apology had to be sent to Samsung's legal team for approval. I somehow doubt they'll ok that!

RE: What if...
By BZDTemp on 7/19/2012 8:39:45 AM , Rating: 2
You forget that while Apple products used to be cool they are now mainstream and thus uncool. Plus the way Apple is doing business isn't cool either and even the masses is catching on to that. Ergo the statement of your's isn't 100% fact but it is a good representation of typical Apple fanboy BS.

RE: What if...
By perspicacity on 7/19/2012 8:46:30 AM , Rating: 2
I believe that statement was made by a US judge, not UK.

But I'm not 100% sure.

“Then they pop up and say ‘Hello, surprise! Give us your money or we will shut you down!' Screw them. Seriously, screw them. You can quote me on that.” -- Newegg Chief Legal Officer Lee Cheng referencing patent trolls

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki