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11/12/2012
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Apple Will Pay For Paltry Samsung Apology

U.K. judge, irritated with Apple's halfhearted compliance with the court's decision, orders it to pay Samsung's legal fees.

Samsung Galaxy Note II: Visual Tour
Samsung Galaxy Note II: Visual Tour
(click image for larger view and for slideshow)
Apple's unapologetic apology to Samsung is going to cost it. The U.K. court overseeing the two companies' legal tussling is not pleased with Apple's bad behavior and is sticking it with Samsung's legal fees as a result.

The U.K. court found Samsung innocent of infringing on Apple's iPad design earlier this year. Apple was asked to make a public apology on its U.K. website stating that Samsung did not, in fact, copy the iPad. It apologized, sort of. The first few paragraphs of the apology explained well enough how things turned out in the U.K. case. But then Apple followed up with this:

"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."

That ticked off the U.K. judge a wee bit. "I'm at a loss that a company such as Apple would do this," said Judge Robin Jacob. "That is a plain breach of the order."

The court itself added, "What Apple added was false and misleading. There is a false innuendo that the U.K. court's decision is at odds with decisions in other countries whereas that is simply not true."

[ Want more about the smartphone wars? See Samsung Galaxy S III Steals iPhone's Crown. ]

Jacob ordered Apple to resubmit the apology within 24 hours. Apple did, but stuck the apology "below the fold" on its website, making it difficult to find. That didn't make the judge too happy, either.

Now Apple has to pay. Said the court:

"As to the costs (lawyers' fees) to be awarded against Apple, we concluded that they should be on an indemnity basis. Such a basis (which is higher than the normal, 'standard' basis) can be awarded as a mark of the court's disapproval of a party's conduct, particularly in relation to its respect for an order of the court. Apple's conduct warranted such an order. ... I hope that the lack of integrity involved in this incident is entirely atypical of Apple."

Apple has had mixed results in overseas courts in its crusade against competitor Samsung. In the United States, it won a massive $1.05 billion judgment from a jury in August when Samsung was found guilty of infringing on a number of Apple patents regarding smartphones. Apple has asked that Samsung be prevented from selling the infringing devices in the United States, in addition to the fine. The judge overseeing that case, which is taking place in San Jose, Calif., is reviewing materials December 6, when a more final outcome is likely to be made clear.

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flyingburgers
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flyingburgers,
User Rank: Apprentice
11/15/2012 | 9:09:08 AM
re: Apple Will Pay For Paltry Samsung Apology
Because Microsoft isn't suing Motorola over Android patents, and Nokia didn't sue HTC over Android as well.
AustinIT
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AustinIT,
User Rank: Apprentice
11/13/2012 | 8:21:38 PM
re: Apple Will Pay For Paltry Samsung Apology
WrongO... a simple WikiPedia query tells the real story of what "actually" happened. A very high profile case in fact. Now, fast forward 18 years and it's ironic that Apple is now suing for copying radius cornered rectangles. lol

from WikiPedia:
"Apple Computer, Inc. v. Microsoft Corporation, 35 F.3d 1435 (9th Cir. 1994) was a copyright infringement lawsuit in which Apple Computer, Inc. (now Apple Inc.) sought to prevent Microsoft and Hewlett-Packard from using visual graphical user interface (GUI) elements that were similar to those in Apple's Lisa and Macintosh operating systems. The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]..."[1] In the midst of the Apple v. Microsoft lawsuit, Xerox also sued Apple alleging that Mac's GUI was heavily based on Xerox's.[2] The district court dismissed Xerox's claims without addressing whether Apple's GUI infringed Xerox's.[3] Apple lost all claims in the Microsoft suit except for the ruling that the trash can icon and folder icons from Hewlett-Packard's NewWave windows application were infringing. The lawsuit was filed in 1988 and lasted four years; the decision was affirmed on appeal in 1994,[1] and Apple's appeal to the U.S. Supreme Court was denied."
AustinIT
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AustinIT,
User Rank: Apprentice
11/13/2012 | 8:09:51 PM
re: Apple Will Pay For Paltry Samsung Apology
What "inventions" has Apple actually made? iPod is not the first MP3 player. iPhone is not the first mobile phone. iPad is not the first tablet computer. Shall I go on?

What Apple IS good at is taking an existing idea and crafting it into a cool product that everyone wants. That's called "innovation" and a point I would agree with you on.
Jack452
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Jack452,
User Rank: Apprentice
11/13/2012 | 4:08:55 PM
re: Apple Will Pay For Paltry Samsung Apology
I remember that lawsuit. As I recall, Apple attempted to sue Microsoft claiming that they (Apple) invented the mouse. This was regardless of the fact that the mouse which had been invented by Xerox was exhibited in several trade shows prior to any use in Windows.
A. Nony Mous
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A. Nony Mous,
User Rank: Apprentice
11/13/2012 | 8:40:10 AM
re: Apple Will Pay For Paltry Samsung Apology
Back in the late 80s/early 90s Apple failed to aggressively and accurately protect its IP through legal means. The result was an eventual 95% Microsoft marketshare. When Apple did eventually try to sue Microsoft for copying its GUI it was a feeble attempt very late in arriving.

Apple learned its lesson, and I think we can count on Apple not to make the same mistake of failing to protect its IP.
A. Nony Mous
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A. Nony Mous,
User Rank: Apprentice
11/13/2012 | 8:36:52 AM
re: Apple Will Pay For Paltry Samsung Apology
Thanks Steve, and say "Hi" to Mrs. Ballmer for me too.
Risko
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Risko,
User Rank: Apprentice
11/13/2012 | 7:11:19 AM
re: Apple Will Pay For Paltry Samsung Apology
I hope you have other source of transportation than a car because when I tell you what practices and ethics oil companies use behind the scenes to get their way you will not buy another drop of gasolineGǪ.
Risko
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Risko,
User Rank: Apprentice
11/13/2012 | 7:06:56 AM
re: Apple Will Pay For Paltry Samsung Apology
Ron, you are confusing invention with innovation. Apple takes risks and pride in innovating and bringing inventions to the consumer level. Samsung copies what becomes groundbreaking. How is that for a clue?
Risko
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Risko,
User Rank: Apprentice
11/13/2012 | 7:00:08 AM
re: Apple Will Pay For Paltry Samsung Apology
Mack, if you ever buy a product from a company solely because you like the public practices this company stands for, do yourself a favor and donGÇÖt tell anyone. You really will be making a fool out of yourself.

Apple has been a stubborn company from the day Steve Jobs and Steve Wozniak put it together. They were always rebels and pirates in the technology world. People that like Apple share that same DNA. People that like iProducts can careless about the ridiculous UK court ruling. It is just a way UK is trying to stay relevant in the smarphones and tablets would of technology. This judge treated Apple like a bunch of 6 year olds. GÇ£Johny, you hurt Peter. Now go an apologize.GÇ¥ Embarrassing any global company with such ludicrous ruling deserves a rebellious response.
Risko
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Risko,
User Rank: Apprentice
11/13/2012 | 6:42:09 AM
re: Apple Will Pay For Paltry Samsung Apology
Good luck with your Windows phone!
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