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November 01, 2012

UK Appeals Court Judge Rejects Apple's Apology to Samsung; Orders Re-do

By Tracey E. Schelmetic, TMCnet Contributor

Apple (News - Alert) may have had to tell Samsung that it’s sorry, but UK Court of Appeal’s Judge Robin Jacob was not amused. Apple, which had been ordered by the court to write an apology to Samsung (News - Alert) for claiming the South Korean company had copied its designs for the iPad in the latter’s Galaxy Tabs, apparently wasn’t apologetic enough in the “We’re so sorry” post it made to its website.

The U.K. Court of Appeal in London has ordered Apple to remove the statement within 24 hours and replace it with a new notice acknowledging the inaccurate comments.

“I’m at a loss that a company such as Apple would do this,” Judge Robin Jacob said today. “That is a plain breach of the order.”


Image via Shutterstock

The decision is the latest in a lawsuit that produced a July judgment in which another London court said the design for three Samsung Galaxy tablets didn’t infringe Apple’s registered design because they were not “cool” enough. Apple, based in Cupertino, California, was told by the same court last month to post a notice about the ruling that Samsung’s Galaxy tablets didn’t copy the design of Apple’s iPad, Bloomberg is reporting today.

Apple’s first notice was less of an apology and more of a statement that other courts had, in fact, found against Samsung’s design.

“In a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design,” wrote Apple on its UK website. “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.”

So now, like a school child reprimanded by the teacher for not writing a nice enough apology note to an insulted classmate, Apple is back to the drawing board.




Edited by Brooke Neuman
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