Apple loses appeal of UK ruling in patent case against Samsung

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  • Reply 61 of 115

    Quote:

    Originally Posted by charlituna View Post





    Code:



    What next, the death penalty for jaywalking?


     


    Blimey, don't you already have that in the US?

  • Reply 62 of 115
    Well, it still wouldn't make any sense, there'd just be a semi-legal explanation for doing it.

    IF they had taken out ads etc then the ruling would make total sense. An eye for an eye kind of thing. Although this judge might still be deemed out of his authority since the issue of Apple's ads and their libel wasn't a claim in the suit. So Apple could claim this detail and force Samsung to file a separate libel suit etc.

    But they didn't take out any such ads so they are being accused of libel they didn't commit. Samsung started the suit demanding a ruling that they did not infringe, the correct course of action for Apple was to then counter that yes they did. Otherwise, they can't make any defense.
  • Reply 63 of 115
    cnocbuicnocbui Posts: 3,613member


    I think one of the reasons for the Judge ordering the advertisements is because of the way Apple's legal council blatantly accused Samsung of copying the the iPad.  Since the court proceedings and what was said in them were publicly quoted, the accusations by Apple's legal team were seen as a public accusation, which was found to be wrong, hence the need for Apple to publicly retract it's comments.


     


     


    Quote:


    Apple lost its case, at the High Court in London, in which it had claimed that the Galaxy Tab "slavishly copies" the design of the iPad.



    http://www.telegraph.co.uk/technology/apple/9409959/Apple-website-must-admit-Samsung-didnt-copy.html


     


    Had Apple's legal teem been more circumspect in their language and conduct, the advertisements likely would not have been ordered.


     


    Apple can't just put the advertisements on their website, they have to take them out in several major national newspapers as well.

  • Reply 64 of 115
    If Apple had either made advertisements of "don't buy Samsung, it's a ripoff of our products" or featured the argument on their website, advertising to cure might be justified to correct what Apple did in that media.

    But they never did. Instead, they just sued, and it was covered by the media. So the "cure" to this media coverage is ads and posts on their website? Stupid. Particularly when the judge refused to ban Apple executives from stating that Samsung ripped them off - which is the only thing Apple did to "promote" this concept.
  • Reply 64 of 115
    If Apple had either made advertisements of "don't buy Samsung, it's a ripoff of our products" or featured the argument on their website, advertising to cure might be justified to correct what Apple did in that media.

    But they never did. Instead, they just sued, and it was covered by the media. So the "cure" to this media coverage is ads and posts on their website? Stupid. Particularly when the judge refused to ban Apple executives from stating that Samsung ripped them off - which is the only thing Apple did to "promote" this concept.
  • Reply 66 of 115
    And one more thing - if the decision had gone the other way, the judge had found infringement on the part of Samsung and had said "oh, and Samsung must publish ads and post on their website 'we copied Apple'" I'd be almost as opposed. (Since I do believe Samsung copied, at least that post would be truthful, but still inappropriate to require it.)
  • Reply 67 of 115

    Quote:

    Originally Posted by TeeJay2012 View Post




    Thank you. You beat me to it.



    Quite right. Me too.


     


    I've seen a few people trying to pretend that Apple invented the ARM (not least John Sculley), but of course the ARM was developed by Acorn in the early- to mid-1980s (micro-architecture by Steve Furber, instruction set by Sophie Wilson). ARM1 first saw the light of day in 1986, in Acorn's ARM Evaluation System, a 'cheese-wedge' add-on for the BBC Micro. Then, of course, the first ARM-based Archimedes arrived in late 1987. ARM Ltd was formed in partnership with Apple three years later, in 1990, and my understanding is that for quite a while it was dominated by ex-Acorn people rather than Apple people. Hardly surprising, since the Acorn people had designed the product.


     


    That's not to detract from Apple in any way; it's just giving credit where it's due. Apple will undoubtedly have had quite a lot of input into ARM development, starting with the ARM600 series which was destined for the Newton, but the basic ARM technology had nothing to do with Apple whatsoever.

  • Reply 68 of 115
    newbeenewbee Posts: 2,055member

    Quote:

    Originally Posted by e_veritas View Post


    I think this ruling is brilliant and wish judges would/could do this in the US as well!


     


    The notion that someone can go around suing everyone for everything, with the only risk to them being the loss of money spent in litigation is ridiculous. Rulings like this make sure that the accuser has some "skin in the game", and would go a long way from preventing frivolous lawsuits like "we own the rounded corner rectangle". Otherwise, we are simply left in the same scenario we are in now, where companies with superfluous cash end up being massive litigation abusers in hopes of a fringe windfall case....



    I can only hope that you forgot the "sarcasm" indentifier because otherwise your last sentence makes no sense at all. To do as you suggest would be like someone using a million dollar inheritance to buy lottery tickets, hoping for a "fringe windfall". Really? You actually believe that?

  • Reply 69 of 115


    That's crazy.

  • Reply 70 of 115

    Quote:

    Originally Posted by Richard Hallas View Post


    Quite right. Me too.


     


    I've seen a few people trying to pretend that Apple invented the ARM (not least John Sculley), but of course the ARM was developed by Acorn in the early- to mid-1980s (micro-architecture by Steve Furber, instruction set by Sophie Wilson). ARM1 first saw the light of day in 1986, in Acorn's ARM Evaluation System, a 'cheese-wedge' add-on for the BBC Micro. Then, of course, the first ARM-based Archimedes arrived in late 1987. ARM Ltd was formed in partnership with Apple three years later, in 1990, and my understanding is that for quite a while it was dominated by ex-Acorn people rather than Apple people. Hardly surprising, since the Acorn people had designed the product.


     


    That's not to detract from Apple in any way; it's just giving credit where it's due. Apple will undoubtedly have had quite a lot of input into ARM development, starting with the ARM600 series which was destined for the Newton, but the basic ARM technology had nothing to do with Apple whatsoever.





    I  own 2 working Newton 2100's with StrongARMs. Quite remarkable devices for the time and ARM never got the accolades it deserved back then. ARM processors for Newton were manufactured in the late 1990s by DEC but implemented the ARM architecture developed by Acorn. Many 'parents'  and a critical UK link, but too many people dismiss Apple's contributions to ARM Holdings and its success in the UK. But we digress...

  • Reply 71 of 115


    I don't agree with the Death Penalty. America, you have your legal murders. Just be happy that you can maintain your barbarism and have Apple.

  • Reply 72 of 115

    Quote:

    Originally Posted by stike vomit View Post


     


    Apple don't have a choice, they lost the appeal. If Apple want to continue to operate in the UK and avoid financial penalties they must adhere to the law.

     



     


    Which law in particular?

  • Reply 73 of 115

    Quote:

    Originally Posted by Suddenly Newton View Post


     


    Which law in particular?



     


    English law.

  • Reply 74 of 115

    Quote:

    Originally Posted by KeithJMorrison View Post



    Maybe Americans are more easily fooled than us Brits? :-)

    This case was not about software or design process or copying of multitouch or swipe... but mainly that if in a shop with 2 tablets in front of you can you tell them apart, apple said the customer is too thick but the judges say you'd be a fool if you couldnt recognise them - one clearly has an apple on the back and the other has the word samsung on the front (not to mention shape, feel, colours, buttons etc.) The judge says design ethos is different, the apple is cool, samsung messy.


     


    Samsung's trial lawyers in the U.S. couldn't tell the tablets apart.


     


    The rest of your post is just a rehash of the "rounded cornerz" straw man arguments that have been posted time and again on these forums.

  • Reply 75 of 115

    Quote:

    Originally Posted by stike vomit View Post


     


    English law.



     


    More specific please. Which English law?

  • Reply 76 of 115


    Originally Posted by Suddenly Newton View Post

    More specific please. Which English law?


     


    Reminds me of this (1:30).


     


    image

  • Reply 77 of 115
    MarvinMarvin Posts: 15,429moderator
    I would agree that Samsung's products don't infringe on the design patent Apple originally used but the ruling to force them to advertise that Samsung didn't copy the iPad doesn't make sense. Samsung has been found guilty of infringement on other things so this is a purely vindictive ruling to try and persuade the public that there hasn't been a wilful attempt at ripping off Apple's designs, which there clearly has and this has been proven with substantial evidence in a US court.

    Furthermore, while Samsung doesn't infringe on the original design patent, Apple just got another one granted:

    Galaxy Tab 10.1

    [IMG ALT=""]http://forums.appleinsider.com/content/type/61/id/14735/width/500/height/1000[/IMG]

    I suspect there's more to come.

    If Apple was accusing them of copying the patent and that failed, the content of the ad should be that it doesn't infringe on the patent and nothing more. Then they should file another case using the new design patent.
  • Reply 78 of 115

    Quote:

    Originally Posted by UrbanVerb View Post


    I can't imagine Apple ever complying with that ridiculous order. Who do they think they are in the UK?!



    You really didn't realize how dumb your post sounded before submitting it? Really???

  • Reply 79 of 115
    hill60hill60 Posts: 6,992member

    Quote:

    Originally Posted by timgriff84 View Post


    Apple is not one of ARM's co-founders. They were around a few decards before doing any work with Apple.



     


    Straight from the source:-


     


    1990



    • Advanced RISC Machines (ARM) spins out of Acorn and Apple Computer's collaboration efforts with a charter to create a new microprocessor standard. VLSI Technology becomes an investor and the first licensee


     


     


    Try and spin it however you want but you can't change history.

  • Reply 80 of 115
    hill60hill60 Posts: 6,992member

    Quote:

    Originally Posted by cnocbui View Post


    I think one of the reasons for the Judge ordering the advertisements is because of the way Apple's legal council blatantly accused Samsung of copying the the iPad.  Since the court proceedings and what was said in them were publicly quoted, the accusations by Apple's legal team were seen as a public accusation, which was found to be wrong, hence the need for Apple to publicly retract it's comments.


     


     


    http://www.telegraph.co.uk/technology/apple/9409959/Apple-website-must-admit-Samsung-didnt-copy.html


     


    Had Apple's legal teem been more circumspect in their language and conduct, the advertisements likely would not have been ordered.


     


    Apple can't just put the advertisements on their website, they have to take them out in several major national newspapers as well.



     


    So if the Police charge someone in the UK with an offence and they are later found not guilty, then the police have to publish an apology in the major national newspapers and on their websites?

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