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11/12/2012
09:11 AM
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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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youngliz
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youngliz,
User Rank: Apprentice
11/13/2012 | 6:22:02 AM
re: Apple Will Pay For Paltry Samsung Apology
I dumped my iPhone 4 this past weekend and went with the Nokia Lumia 920. The only thing I miss are the bank apps that the iPhone had. Other than that, this is by far the best phone I have ever had and I think the iPhone 5 looks idiotic compared to this. I will never buy another Apple product again based upon how bad this company is. I'm also sick of all the lawsuits and attacks on other companies because Apple is granted patents for the most ridiculous things. How do you patent a rounded edged rectangle? I'm also sick of being one of the lemmings walking around with any device that starts with a lower case "i". Time to break out of the sheeple herd and go my own way.
Mack Knife
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Mack Knife,
User Rank: Apprentice
11/12/2012 | 11:10:19 PM
re: Apple Will Pay For Paltry Samsung Apology
Please, how could anyone but a complete fool think Apple has released a new phone when seeing a Samsung TV commercial. What, can't you read and understand the difference between the words iPhoneX, Samsung and Apple?

Yes, there is a reason, to answer your question. The answer is that you are quite ignorant.
Mack Knife
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Mack Knife,
User Rank: Apprentice
11/12/2012 | 11:07:42 PM
re: Apple Will Pay For Paltry Samsung Apology
If the judge ordered it, Apple is required to obey it. Apple can't pick and choose which court orders it finds acceptable and which not. Given the logic or lack thereof you display, the counter argument is that the court's finding that Samsung infringed in the USA is wrong. Since when do opinions matter when a court decides? It matters not, it is done. Now Apple is paying dearly.

You see, people who might have bought an Apple product before now go elsewhere. But isn't it true that deep down you like Apple as a small, personal boutique company where Steve was your best friend and tucked you in at night. Now with this latest episode, your dream world is shattering and that mythical facade of a company you thought you knew has turned out to be nothing more than another big corporate tech company, no different than any other.
seed123
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seed123,
User Rank: Apprentice
11/12/2012 | 11:02:51 PM
re: Apple Will Pay For Paltry Samsung Apology
you thought it was a new apple phone when samsung advertise galaxy s3? are you that ignorant? skunkyjosh...your thoughts are totally blinded and clouded by the fact that you're a huge apple fanboy...an isheep
skunkyjosh
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skunkyjosh,
User Rank: Apprentice
11/12/2012 | 6:52:23 PM
re: Apple Will Pay For Paltry Samsung Apology
Is there a reason I'm thinking it's a new apple phone when they advertize the new galaxy phone on TV? Not only they're stealing apple products ideas but they go as far as doing similar ads to trap customers. Poor business but what to expect from a Korean company after all?
Ron T.
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Ron T.,
User Rank: Apprentice
11/12/2012 | 6:30:28 PM
re: Apple Will Pay For Paltry Samsung Apology
Really? You are going to agree that Samsung is guilty of stealing rounded corners on their device from Apple? That pinch to zoom out, expand to zoom in invented by somebody else and popularized by Apple is their property? I hope you never design anything using common design trends, you'll get sued by Apple too. Apple didn't invent style, they can't own a styling element, if this continues no designer will ever be able to create anything good looking for fear of litigation. Get a clue!
skunkyjosh
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skunkyjosh,
User Rank: Apprentice
11/12/2012 | 6:15:50 PM
re: Apple Will Pay For Paltry Samsung Apology
I should sue Apple for putting lies like that on their web site because Samsung and Google did in fact copy Apple design or Apple iOs.
skunkyjosh
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skunkyjosh,
User Rank: Apprentice
11/12/2012 | 6:14:32 PM
re: Apple Will Pay For Paltry Samsung Apology
Then go buy a Samsung, go buy the copycat if you have such a great ethic. The judge decision is wrong and they have the right to show the world that it's just one retarded judge that is giving out this judgement while in other countries the same opposite judgement was given. You won't fool around with Apple for very long, they're smart. Samsung and Google did copy Apple and you have to be highly retarded not to realize it.
wht
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wht,
User Rank: Strategist
11/12/2012 | 5:56:05 PM
re: Apple Will Pay For Paltry Samsung Apology
I will never buy an Apple product. I despise this company's business practices and ethics. There products are top of the line,and usually, but not always, the best or among the best . But as a corporation they leave a lot to be desired. Their endless lawsuits against several competitors are disgusting. I cheer every time they lose a court case, which seems to be more often lately.
jries921
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jries921,
User Rank: Ninja
11/12/2012 | 5:43:15 PM
re: Apple Will Pay For Paltry Samsung Apology
It doesn't do at all to annoy the judge overseeing your court case. I'm just wondering why it took the court this long to impose punishment.
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