Apple ordered to run UK ads saying Samsung didn’t copy

In the U.S., Apple won its patent lawsuit against Samsung. In the UK, things turned out rather differently. As BBC News reports, a judge ruled in July that Samsung hadn’t infringed on Apple’s "design rights," and he ordered Apple to run ads saying as much in order to "correct the damaging impression" it had created.

Well, Apple has now lost the appeal. BBC News says the appeal judges upheld the original ruling, including the part about running ads:

The appeal judges decided not to overturn the decision on the basis that a related Apple design-rights battle in the German courts risked causing confusion in consumers’ minds.
"The acknowledgment must come from the horse’s mouth," they said. "Nothing short of that will be sure to do the job completely."

However, they added that the move need not "clutter" Apple’s homepage as it would only have to add a link entitled "Samsung/Apple judgement" for a one-month period.

In addition to the notice on Apple’s website, BBC News says Apple must run ads in UK publications like the Daily Mail, Financial Times, and T3 Magazine. It’ll be interesting to see how Apple’s public relations team handles that. I doubt Samsung can expect much more than a half-hearted apology—but the Korean firm reportedly welcomes the decision nonetheless.

Apple wasn’t quite so humiliated in the U.S., where Samsung was ordered to pay $1.05 billion in damages after a jury found it guilty of patent infringement. Ultimately, though, there’s a chance that ruling won’t stand. Groklaw reported in August that the jury failed to follow instructions and ignored prior art.

Comments closed
    • ronch
    • 7 years ago

    Regardless of whether either company is at fault or not, I find this ‘say sorry’ decision really lame. Isn’t the UK court being a bit too goody-goody two-shoes here? Meanwhile Samsung must be snickering really hard.

    • moog
    • 7 years ago

    We are the Android. Open source your software and surrender your chips. We will add your magical and technological distinctiveness to our own. Your culture will adapt to service us. Resistance is futile.

    [url<]http://random.andrewwarner.com/what-googles-android-looked-like-before-and-after-the-launch-of-iphone/[/url<]

      • moog
      • 7 years ago

      [url<]http://daringfireball.net/2010/06/whats_fair[/url<]

        • EtherealN
        • 7 years ago

        Need to really stop linking that. It commits a lie by omission:
        [url<]http://www.youtube.com/watch?feature=player_detailpage&v=1FJHYqE0RDg#t=197s[/url<] You can't take one of the prototypes and say "this is what Android was, Blackberry format and no touchscreen", and then ignore another publically demonstrated prototype that was not Blackberry style and did have touchscreen. What happened was, if anything, that Google realized the Blackberry format was probably not worth pursuing and continued development of an other concept they already had running.

    • ronch
    • 7 years ago

    I think the UK court is being overly kind to Samsung.

      • trackerben
      • 7 years ago

      KInd may not be the right word, if I understand the behind-the-scenes correctly. “Accomodating” may be more descriptive:

      [url<]http://www.theverge.com/policy/2012/8/7/3226651/samsung-legal-history-scandals[/url<] ...As industry juggernauts Apple and Samsung trade blows in court, The Kernel has taken a look at the proverbial skeletons lurking in Samsung's closet. The piece dissects the chaebol's use of corporate slush funds and pressure on journalists — including de facto ownership of the Joongang Daily, a major South Korean newspaper — to secure the company's reputation, and keep the Korean ambassador to the US and local politicians in line... [url<]http://www.kernelmag.com/features/report/3028/samsung-power-corruption-and-lies/[/url<] ...YSamsung is a “chaebol” – one of the family-run conglomerates that dominate South Korean society. Almost Mafia-like in their obsessive secrecy and reach, chaebols have influence in most markets and industries in the country and wield huge political influence. They have also not been shy of using underhand methods to maintain their position. In 1997, South Korean journalist, Sang-ho Lee, obtained secretly recorded audiotapes of conversations between Haksoo Lee, the vice-chairman of the Samsung Group, and Seokhyun Hong, the Korean ambassador to the US and then publisher of the Joongang Daily, a major Korean newspaper affiliated with Samsung. The recordings were made by Korean’s secret intelligence agency, the NIS, itself implicated repeatedly in bribery, corruption and money-laundering... ...You’re welcome to love Android and hate Apple. Just don’t be fooled into thinking Samsung are the good guys...

    • aim18
    • 7 years ago
      • sweatshopking
      • 7 years ago

      OMG IMMA GET 7K A MONTH JUST SURFING ONLINE! WOW! I’M ORDERING MY PACKAGE RIGHT NOW!

    • Ricardo Dawkins
    • 7 years ago

    Ad will say: Samsung copied Apple wrong.

      • BIF
      • 7 years ago

      +1 for making me laugh!

    • WaltC
    • 7 years ago

    Ah, it’s like spring time! (A day in which Apple succeeds in stiffing consumers is like a day without sunshine.)

    I wish this was 300 years ago, and the court could order Tim Cook bound in a Chinese water chair in front of a local courthouse so that passerby could throw softballs at a target and dunk him…;) Ah, such fun. “Take that, Mr. iPhone!” school children would scream in delight with every dunking. Plus, Cook should have to wear a T-shirt emblazoned with, “Apple apologizes for the fact that Samsung did not copy it!”….And then maybe another kid in the wings could throw a pie or two, which Cook could be seen greedily licking off of his cheeks as he came up out of the water prior to his next dunk.

    “S’that good, Mr. Everybody-Copies-Us iPhone?” …to which Cook would reply, cheeks bulging, “‘..aste’s like Phone i-la-mode, slur-r-r-rrrrp! Good. Yum!” And then the next softball would hit the target squarely, and down Tim Cook would fall into the cold, dirty water–“Splas-s-s-s-ssssh!”

    Cycle repeats endlessly until the sun sets and the crowd, bored, cuts Cook loose and goes home.

    ***The End***

    • chrissodey
    • 7 years ago

    At least one country got it right. I very much like Apple products and despise anything Samsung cooks up, but I don’t believe Apple has a case. It is even more irritating when the top company in the world, in terms of cash on hand, goes after Samsung, for what? I don’t have a very good feeling about Apple going forward. It seems they are trying to meet or exceed the arrogance of the late Steve Jobs.

    Google please sue Apple over the blatant theft of your Android pull down menu. If Apple is sue happy then maybe you should too. But really, I am so sick and tired of Apple wasting their time and money on suing their competitors. Can you imagine if the auto industry would have had an Apple mentality? One brand would have the wipers and another brand would have air bags.
    To Apple: Fix your maps, work on innovation, stop asking yourself what would Steve do, and beat out other competitors by new good products not law suits.

      • HisDivineOrder
      • 7 years ago

      I think everything that the head guy in that Samsung-Apple jury has done since that verdict really proves our system failed in that case.

        • Geistbar
        • 7 years ago

        I read about his comments in the days after the case, do you have a link for new stuff he’s done, or were you just referencing that?

      • sschaem
      • 7 years ago

      Why not both ? Apple is surely big enough to do both.

      Apple might be over protective… but in this climate of cheating, deceit and manipulation better be paranoid then getting rolled over.

        • trackerben
        • 7 years ago

        Apple had better be more than protective of itself, it had better aim for being impenetrable. It is up against an aggressive competitor whose management has redefined and raised the game of corrupt private-public sector partnership. Samsung’s leader is an Untouchable, running afeudal-style family group in a country which protects and lavishes financial and political support on its white-collar crony-capitalist champion because they are deemed too important to fail. Apple is merely rich and arrogant, and thats not enough against a competitor whose leaders don’t act like new-age gurus but like organized-crime bosses.

        [url<]http://www.nytimes.com/2007/11/06/technology/06iht-samsung.3.8214373.html?pagewanted=all[/url<] ...In previous scandals that have plagued Samsung, several executives have been convicted of illegally trying to help Lee's son, Jae Yong, take control of management or of providing illegal election campaign funds for politicians. But Lee's family has emerged largely unscathed, leading critics to charge that Samsung runs a vast network of bribery and influence peddling through the government, the judicial branch and the media, making the Lee family "untouchable" - a claim vehemently rejected by Samsung...

      • trackerben
      • 7 years ago

      And if Google sues on patent infringement over notifications?

      • cynan
      • 7 years ago

      Right there with you until the part where you asked Google to sue Apple.

      Though retaliation is definitely the obvious knee-jerk reaction, more wasted time and money on frivolous law suits will only encourage others to follow suit, resulting in a climate where only companies large enough to swallow tens of millions or more in legal fees/damages will be able to compete. No thanks.

      Above and beyond working on revamping the USPTO system with respect to software and exterior design/aesthetics patents, etc, and working toward providing impetus for mandatory licensing of I.P. deemed incremental to the industry, how about instituting stricter penalties for lawsuits determined to be frivolous?

      For example, I would think that if a company was required to pay a substantial percentage of damages requested in fines in the event that their case was unanimously voted against by a jury or thrown out by a judge would be quite the deterrent to these sorts of shenanigans. While this wouldn’t have changed anything in the California Apple/Samsung ruling, it may reduce the number of such cases to begin with.

        • chrissodey
        • 7 years ago

        I’m sorry I should have noted that comment as sarcasam, as I am glad Google hasn’t sued. I was trying to make the point that Apple isn’t the perfect ecosystem that comes up with 100% of their own ideas for their products.

        I completely agree with your ideas on frivolous lawsuits.

    • trackerben
    • 7 years ago

    So it is as suspected. Samsung got to the courts, fixed the game and the judges, and now wants to play hardball.

    A Samsung sport is now going international: Shape court battles and public opinion through bribes and political power, then demand public apology in further retribution. Typical behavior for successful crony-capitalists the world over.

    [url<]http://www.csmonitor.com/World/Asia-Pacific/2010/0618/South-Korean-whistleblower-Kim-Yong-chul-breaks-silence-on-Samsung/%28page%29/2[/url<] "...There is no doubt, though, of Sam­sung's sensitivities. The group sued Michael Breen, who writes for the English-language Korea Times, for a tongue-in-cheek column last year in which he imagined Christmas gifts sent from the rich and powerful officials of Samsung. Samsung asked for $1 million in damages but dropped the suit after receiving four apologies, twice in the paper and twice in letters from Mr. Breen. "They think I'm some kind of bad guy, and I've got to be taught," says Breen, author of "The Koreans," about cultural and social mores. "They can behave one way in Korea, but they have an international face. Their behavior in Korea has always been harsh..." [url<]http://www.nytimes.com/2010/04/26/technology/26samsung.html?pagewanted=all[/url<] ...In his book, Mr. Kim depicts Mr. Lee and “vassal” executives at Samsung as bribing thieves who “lord over” the country, its government and media. He portrays prosecutors as opportunists who are ruthless to those they regard as “dead” powers, like a former president, but subservient to and afraid of Samsung, which he calls the “power that never dies.” “I wanted to leave a record of Samsung’s corruption because prosecutors’ investigation turned it into historical gossip,” Mr. Kim said. “I wrote this book because I was afraid that children would grow up believing that in South Korea, justice does not win, but those who win become justice...”

    • chuckula
    • 7 years ago

    Knowing Apple, the “apology” will look like: Dear Samsung, we’re sorry that you thought you were cool enough to copy our amazing Jobs-inspired technology. Unfortunately, you aren’t cool enough to do it and we are very very sorry about that. Here, watch this video of dancing people to make yourself feel better.

      • HisDivineOrder
      • 7 years ago

      “Apple wants to publicly apologize to Samsung for ever believing they could copy our very best technology. Clearly, Samsung is incapable of producing anything as awesome as our hardware and perhaps it was our giving Samsung far too much benefit of the doubt to believe them actually capable of approaching our level of greatness. Indeed, a court has recently ruled that Samsung is not cool enough to be on our level, so we must with the deepest regret apologize for believing otherwise.

      “Stay classy, Samsung.

      “-Apple.”

      PS: Thanks for the billion.

    • Chrispy_
    • 7 years ago

    I thought the verdict was pretty simple:
    [b<]FIX THE DAMN PATENT SYSTEM, MORONS[/b<] Both companies copied each other, wasted billions of dollars dragging the issue through several international courts around the globe, screwed up each other's business with petty sales bans and generally pissed off the public by taking out features that we were quite happy using, regardless of who supposedly invented them in the first place. Even now, it's just white noise and bickering.

      • HisDivineOrder
      • 7 years ago

      Politicians are too busy deporting college kids (or crying because they want to), telling consenting adults who they should marry, and telling women they shouldn’t be able to make decisions about their own body (oh and let’s force them to be probed before we let them do what the courts have said they can do) to worry about something as “trivial” as the broken patent system.

        • destroy.all.monsters
        • 7 years ago

        You’re on fire lately. +1

        • clone
        • 7 years ago

        fantastic response, +1

      • superjawes
      • 7 years ago

      Digital Bill of Rights and Patent, Copyright, and Trademark reform. 2012, 2014, 2016–Would make excellent signature legislation.

      I’ll keep saying it as long as it’s still relevant.

      • Alexko
      • 7 years ago

      True, but you forgot one important detail: Apple started this stupid cat fight, so Samsung retaliated.

      • cynan
      • 7 years ago

      While I agree with the sentiment, sadly the verdict had nothing to do with patent reform…

      Until it does, these sorts of cases, regardless of the verdict, will continue to make a farce of the civil legal system.

      • Deanjo
      • 7 years ago

      [quote<]I thought the verdict was pretty simple: [b<]FIX THE DAMN POLITICAL SYSTEM[/b<], MORONS[/quote<] Fixed that for ya because as long as politicians keep catering to lobbyists and receive funding from corporations for their campaigns then you will just be trying to cut off a head of a hydra with another one sprouting back up.

        • Chrispy_
        • 7 years ago

        Yeah, I’ll give you that 😉

        Q: How can you tell if a politician is corrupt?
        A: Check for a pulse.

        Q: How can you tell if a politician is lying?
        A: Their lips are moving.

        Q: How can you tell if a politician is incompetent?
        A: They haven’t been fired yet.

        • trackerben
        • 7 years ago

        Kim Yong Chul, former star prosecutor and top legal counsel of Samsung: “Samsung instructed me to commit crimes… …A basic responsibility for all Samsung executives is to do illegal lobbying, buying people with money.”

        It is not just politicians who make the system what it is.

      • clone
      • 7 years ago

      simple to say, difficult to do…. to be honest while I did upvote your comment because it’s correct in it’s simplicity, HisDivineOrder’s post in response to yours was far more entertaining and should have the higher upvotes.

    • ludi
    • 7 years ago

    “We are delighted to report that our innovations in the smartphone market, as presently embodied in our flagship iPhone5, have produced healthy competition from our golf buddies at Samsung. We are also happy to report that based on the findings of a UK court, they did not actually copy our designs, seeing as how it looked [i<]really[/i<] close there for a while." Apple: You're welcome. I'll take that million bucks as unmarked, non-sequential bills in a non-descript briefcase. Because, you know, tradition.

    • PrincipalSkinner
    • 7 years ago

    Just to avoid confusion I suggest Apple runs ads in UK saying Samsung didn’t copy and Samsung runs ads in US saying they did copy.

    • RtFusion
    • 7 years ago

    There was also this article that a US court over turned a sales ban on the Galaxy Nexus:

    [url<]http://www.allvoices.com/contributed-news/13184532-us-court-overturns-sales-ban-on-samsung-galaxy-nexus[/url<] Another article on the un-ban and on Lucy Koh: [url<]http://betanews.com/2012/10/11/appeals-court-ruling-is-big-trouble-for-apple-and-judge-lucy-koh/[/url<]

      • Shambles
      • 7 years ago

      Great read. Absolutely hilarious that the jury foreman went through bankruptcy though a lawsuit with Seagate, which Samsung was a major stake holder at the time. What a kangaroo court.

    • BiffStroganoffsky
    • 7 years ago

    Apple could spin this with an ad noting the differences and drawing its own conclusion that Samsung did such a botch job copying them that people should shun the ‘inferior’ rip-off and buy the ‘better’ original.

    • Alexko
    • 7 years ago

    This is priceless. I can’t wait to see the ads.

      • flowerspike
      • 7 years ago

      The ad might be something like this:

      Samsung [b<]DID[/b<][sub<]not[/sub<][b<]COPY[/b<] Apple.

    • Dposcorp
    • 7 years ago

    This is wild; how many times in the past has a verdict ordered the loser to run ads saying the winner was not wrong/hadn’t infringed, etc…?

    It reminds of of great video game and TV moments;

    “ULTRAAAAAAAAA KILLL!”

    “FATALITY!!!!!!!!!!!”

    “You can’t see it, your blind in the eyes;
    I came up in your face, Oops-Pow Suprise!”

    Apple Sauce beotch!

      • willyolio
      • 7 years ago

      this is a good idea. Half the time you don’t even have to win the lawsuit, the negative press from the accusation alone is enough to sink a person or a company’s reputation. by the time a verdict is actually out, the news is old and people don’t listen any more.

      this should actually be standard.

    • sschaem
    • 7 years ago

    Bittersweet for Samsung if Apple get to use a tiny fraction of its potential billion $ paid by Samsung in the US.
    “Thanks samsung for the billion… here is a link to a picture of the galaxy next to an ipad with a line saying that you didn’t copy us”

      • Dposcorp
      • 7 years ago

      You got it wrong……….Samsung will win the appeal, but even if they lose, from now on they can say “if we were so wrong, why does this Apple ad say we were right?” How many Dollars will that ad be worth to Samsung?

        • sschaem
        • 7 years ago

        What I said is >potentially<, Apple will *potentially* pay for the adds using Samsung own money.

        And if the add allow Apple to show a galaxy tab next to an ipad, the caption will need to be very big to show that Samsung is not a copy cat.

    • Kraft75
    • 7 years ago

    Ah-Ha! </Nelson>

      • danny e.
      • 7 years ago

      Ah-Ha! ? When has Nelson said that? You mean Ha-Ha! ?

        • Dposcorp
        • 7 years ago

        Nice catch. First Post = FAIL!

          • cynan
          • 7 years ago

          To the Op: Ha-ah!…. Doh! </ Mr. Plow>

          • Kraft75
          • 7 years ago

          [url=http://ragemaker.net/images/Sad/okay%20with%20words.png<]Okay...[/url<] .... Actually I was thinking in my head in french, my mother tongue 🙂 So I wrote in it french, thinking of english Simpsons though! Ah-Ha!

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