Apple has lost an appeal against Samsung in an ongoing U.K. case over design
patents relating to the iPad.
A U.K. High Court appeals judge ruled in favor of Samsung at a hearing this
morning, finding that the Samsung Galaxy Tab 10.1 had not infringed Apple's
The original case in July heard Judge Colin Birss overseeing the case saying
the Samsung tablets were not as "cool" as the iPads, because the software
did not feature the "extreme simplicity" that the rival Apple product has.
Birss also ruled in the original case that Apple must run "advertisements"
in British newspapers and on its website stating that Samsung did not
infringe Apple's design patents and therefore did not break U.K. law.
The notice on Apple's U.K. website must display the banner for six months in
order to "correct the damaging impression" left by Apple following the
Samsung welcomed the appeal, a spokesperson told the BBC News: "Should Apple
continue to make excessive legal claims in other countries based on such
generic designs, innovation in the industry could be harmed and consumer
choice unduly limited."
But a lawyer representing Apple said at the time it would be "prejudicial"
to Apple to issue such a statement without an appeal. (Even for quirky
British law, it's a strange punishment to dish out.)
However, soon after the decision was made, Apple applied for a stay on the
running of the so-called 'advertisements,' allowing the Cupertino, CA.-based
technology giant to appeal the verdict.
Now Apple has lost its appeal, it's understood that the advertisements will
now go ahead. There isn't a specific timeframe for when they will be served
out to the British media, but we have reached out to Apple for comment and
will update if we hear back.
2This is amazing. Then, others can follow this trend to include public
humiliations in their lawsuits. Bravo!