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Apple forced to publish Samsung notice in UK


Rabs

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Heres an article about it

http://www.bbc.co.uk/news/technology-20094372

 

I have found this whole thing crazy, all of the big phone and tablet guys going at each other all the time. Surely theyd be better off putting the money that they spend on taking each other to court to better use, like R&D :) It all just seems tit for tat at the moment.

 

Heres the page.. Its funny they decided to leave out that they also lost in Korea. And it is really suprising that a US company won in a US court? Also some of the tech to do with the touch screens is also under fire I beleive from Motorla who own alot of those patents.

 

http://www.apple.com/uk/legal-judgement/

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 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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wait... was the justice system used to decide which manufacturer's product is "cooler"?

Kind of yes...

 

It just underlines how pathetic all of this is. Each company is more worried about being the leader in the market than making better products... its all madness.

 

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Although I find a judge referring to product differentiation in terms of "coolness..."

 

Consider how much advertising these folks got worldwide as being competing platforms for the latest and greatest.

 

It's just guerrilla marketing at the high-dollar level.

 

m

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