"Inaccurate and misleading"
While Apple's statement on its site had contained the elements it was instructed to contain according to the court of appeal and high court rulings, Apple had added four paragraphs. Samsung complained that the notice posted by Apple was "inaccurate and misleading" because it had added comments about other rulings in Germany and the US that had gone in the iPad-maker's favour. "This has received enormous publicity and has perpetuated confusion as to Samsung's entitlement to market the Galaxy tablet computers in issue," a Samsung lawyer said in a written statement to judges. "It has created the impression that the UK court is out of step with other courts."
While Apple's statement on its site had contained the elements it was instructed to contain according to the court of appeal and high court rulings, Apple had added four paragraphs. Samsung complained that the notice posted by Apple was "inaccurate and misleading" because it had added comments about other rulings in Germany and the US that had gone in the iPad-maker's favour. "This has received enormous publicity and has perpetuated confusion as to Samsung's entitlement to market the Galaxy tablet computers in issue," a Samsung lawyer said in a written statement to judges. "It has created the impression that the UK court is out of step with other courts."
Within deadline
Despite protests from Apple's lawyers that it could take two weeks to change the notice and republish it, protests that were rejected by the High Court judges, Apple reposted a statement over the weekend, just within the 48 hour deadline.
By early Friday morning the original notice remained online [Screengrab via Daily Mail] but by 9 am had been taken down with the original link displaying the message: "Hmm, the page you're looking for can't be found." The link had also been removed from Apple's home page with no sign as of 10 am to a new statement having been published.
But by Saturday a new statement had appeared. However the admission that Samsung products do not infringe Apple's is still tucked away at the bottom of the home page and only appears on the UK version of the website.
Hidden
Some commentators have already accused Apple of hiding the revised statement by placing it at the bottom of the page [CNET / Gizmodo / Forbes]. Nonetheless, the thinly veiled 'apology' has to remain on the site until the end of the year which will no doubt cause embarrassment for the company.
Some commentators have already accused Apple of hiding the revised statement by placing it at the bottom of the page [CNET / Gizmodo / Forbes]. Nonetheless, the thinly veiled 'apology' has to remain on the site until the end of the year which will no doubt cause embarrassment for the company.
Apple losing ground to Android
The company may also be reeling from newly released statistics which show that 3 out of 4 smartphones in the world are running Android. The operating system is a little over 2 years old but its meteoric rise can only serve to worry executives at Apple [CNET].
Apple only has around 15% of the smartphone market, and while there was a slight rise in take up over the last year it does not bode well for the company which saw itself as the leader in the smartphone market.
The company may also be reeling from newly released statistics which show that 3 out of 4 smartphones in the world are running Android. The operating system is a little over 2 years old but its meteoric rise can only serve to worry executives at Apple [CNET].
Apple only has around 15% of the smartphone market, and while there was a slight rise in take up over the last year it does not bode well for the company which saw itself as the leader in the smartphone market.
iPhone 5 boost
The release of the iPhone 5 did have a marked effect on sales, though apart from in the United States Android sales were not much affected [CNET].
Those most affected by Androids rise and Apple's stake in the smartphone market, are RIM's Blackberry and makers of Microsoft's WinMo devices. Both have struggled to maintain their market position, and while Blackberrys and WinMo devices are still popular it is Android that is winning the war.
The release of the iPhone 5 did have a marked effect on sales, though apart from in the United States Android sales were not much affected [CNET].
Those most affected by Androids rise and Apple's stake in the smartphone market, are RIM's Blackberry and makers of Microsoft's WinMo devices. Both have struggled to maintain their market position, and while Blackberrys and WinMo devices are still popular it is Android that is winning the war.
Android's uneven playing field
For its part Android is still struggling to roll out an even playing field for all users. With some still using older devices the take up of Android's latest operating system Jelly Bean has been slow [Slashgear].
According to the latest statistics most Android users, some 54%, are still using Android 2.3 Gingerbread, while a little over a quarter are using Android 4.0 Ice Cream Sandwich.
Even older incarnations of Android are still in use according Google with Android 2.2 Froyo accounting for 12% while around 3% of users have devices using some of the first versions of the Android operating system.
For its part Android is still struggling to roll out an even playing field for all users. With some still using older devices the take up of Android's latest operating system Jelly Bean has been slow [Slashgear].
According to the latest statistics most Android users, some 54%, are still using Android 2.3 Gingerbread, while a little over a quarter are using Android 4.0 Ice Cream Sandwich.
Even older incarnations of Android are still in use according Google with Android 2.2 Froyo accounting for 12% while around 3% of users have devices using some of the first versions of the Android operating system.
Nexus 4 a game changer
With a SIM free LG made Nexus 4 hitting the market in a few days for only £239 [8Gb version] there will be some even stiffer competition for all other smartphone manufacturers. Even the 16 Gb version sells at only £280, way below the £450 price tag attached to the Samsung SIII or the more than £500 price tag of the iPhone 5.
LG may not have such a cool reputation as both Apple and Samsung, but with the Nexus 4 offering most of the features, if not more, than seen in its competitors devices, the low price will be a no brainer. While customers will be debating the purchase, Apple lawyers will also no doubt be pondering whether this latest Android phone breaches its IP, and whether its worth pursuing in the courts.
tvnewswatch, London, UK
The revised link statement at the bottom of Apple's homepage:
On 25 October 2012, Apple Inc. published a statement on its UK website in relation to Samsung's Galaxy tablet computers.That statement was inaccurate and did not comply with the order of the Court of Appeal of England and Wales.The correct statement is at Samsung/Apple UK judgement.
The revised statement in full:
Samsung / Apple UK judgment [v.2]
On 9 July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic(UK) Limited's Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do notinfringe Apple's Community registered design No. 0000181607-0001. A copy of the full judgment of the High Court is available from www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.
With a SIM free LG made Nexus 4 hitting the market in a few days for only £239 [8Gb version] there will be some even stiffer competition for all other smartphone manufacturers. Even the 16 Gb version sells at only £280, way below the £450 price tag attached to the Samsung SIII or the more than £500 price tag of the iPhone 5.
LG may not have such a cool reputation as both Apple and Samsung, but with the Nexus 4 offering most of the features, if not more, than seen in its competitors devices, the low price will be a no brainer. While customers will be debating the purchase, Apple lawyers will also no doubt be pondering whether this latest Android phone breaches its IP, and whether its worth pursuing in the courts.
tvnewswatch, London, UK
The revised link statement at the bottom of Apple's homepage:
On 25 October 2012, Apple Inc. published a statement on its UK website in relation to Samsung's Galaxy tablet computers.That statement was inaccurate and did not comply with the order of the Court of Appeal of England and Wales.The correct statement is at Samsung/Apple UK judgement.
The revised statement in full:
Samsung / Apple UK judgment [v.2]
On 9 July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic(UK) Limited's Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do notinfringe Apple's Community registered design No. 0000181607-0001. A copy of the full judgment of the High Court is available from www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.
That Judgment has effect throughout the European Union and was upheld by the Court of Appeal of England and Wales on 18 October 2012. A copy of the Court of Appeal's judgment is available from www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the Community registered design in force anywhere in Europe.
Original wording of Apple statement which judges found to be in breach of their 18th October ruling:
Samsung / Apple UK judgment [v.1]
Original wording of Apple statement which judges found to be in breach of their 18th October ruling:
Samsung / Apple UK judgment [v.1]
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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