The complete transcript of the Apple Statement reads as follows:
Samsung / Apple UK judgment
On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic(UK) Limited’s Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do notinfringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the Highcourt is available on the following link www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.
In the ruling, the judge made several important points comparing the designs of the Apple and Samsung products:
"The extreme simplicity of the Apple design is striking. Overall it has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design."
"The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool."
That Judgment has effect throughout the European Union and was upheld by the Court of Appeal on 18 October 2012. A copy of the Court of Appeal’s judgment is available on the following link www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the registered design in force anywhere in Europe.
However, 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.
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Comments received
Hilbo60stwin said on Thu, 01 Nov 2012
I do think that this enforcement is way too excessive!, punishment, (if any) should be in kind, i.e., Apple should only be forced to do this if they had previously posted comments criticising Samsung. It seems to me that this judge is intent on 'rubbing Apple's noses in it', totally out of order!
Hilbo60stwin said on Thu, 01 Nov 2012
If Apple issue an apology in the way that this judge wants, then it is going to have a serious effect upon subsequent cases that Apple want to bring, in short, it will destroy any chance of winning any court case.
fonejacker said on Thu, 01 Nov 2012
these jackass judges are the worst type of over-paid civil servant. Totally out of touch with the real world. The legal game (hardly a profession) drag cases for month/years, allows stupid cases to proceed, over charge for everything. They can't do anything in 2 days themselves. This judgement is so wrong in so many ways. They certainly know what a deluxe blow-up doll is though.
richardap1 said on Tue, 06 Nov 2012
Funny how one sided all these comments are. In fact Apple asked a Holland court for the exact same thing if Samsung lost (before the UK judgement was announced). Samsung would have to post a statement on their website saying that they had infringed copyright. Apple can't have it both ways
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