Apple Admits UK Samsung Defeat But Goes On Offensive

Tom Brewster is TechWeek Europe's Security Correspondent. He has also been named BT Information Security Journalist of the Year in 2012 and 2013.

Apple admits defeat in the UK, but says other countries know who is in the right

Apple has issued a public admittance to losing a UK patent battle with Samsung, but many have noted the iPhone maker hasn’t been overly contrite in its response.

In July, Judge Colin Birss said the design of the Samsung Galaxy Tab 10.1 could not possibly be confused with that of the Apple iPad because it wasn’t “cool” enough.

“They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool,” he said.

Apple was subsequently asked to place an acknowledgement of the decision on its website. It appealed the court’s order but failed to win it over.

How do you like them Apple?

If users want to find Apple’s notice, they have to click through a link in small writing at the bottom of the UK Apple homepage.

Apple explains how the UK court came to the decision, but happily points to the judge’s comments that were complimentary of the iPad.

It also pointed to other cases across Europe, including one in Germany where the court found “Samsung engaged in unfair competition by copying the iPad design”.

“While the UK 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,” the company said.

Samsung has also been ordered to hand over $1.05 billion (£664 million) in damages to Apple, after finding that smartphones and tablets infringed on Apple patents used in the iPhone and iPad.

Yet Apple failed to mention that one patent used in that case could now be invalid. The US Patent and Trademark Office (USPTO) ruled Apple’s ‘381 patent, covering touchscreen interface features, was void.

Earlier this month, Samsung also saw a sales ban on the Galaxy Tab 10.1, imposed in June, lifted.

This isn’t the end of it for Apple either, as it now has to place adverts in top publications such as the Guardian and the Financial Times, accepting the decision.

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