Apple apology to Samsung punished with fine, iPhone maker has to pay Samsung legal fees

November 10, 2012

    While not comparable with Apple’s U.S. $1.05 billion win – which isn’t satisfying to either party by the way, for different reasons, obviously – the fact that Apple has to pay Samsung’s UK legal fees has to mean something for South Korean giant and the public.

    When did that happen? Well, in case you missed it, earlier this year the Galaxy Tab 10.1 was declared to be not as cool as the iPad, and therefore it was found to be not infringing on Apple patents. The UK court decided that Apple should apologize to Samsung publicly, on its local website as well as in print. The ruling was appealed by Apple and the company lost.

    Which brings us to this fall, when Apple started apologizing to Samsung. It first posted a lengthy message on its website in which it acknowledged the decision but also made sure the reader was informed on other rulings in other similar cases between the two companies, rulings that were favorable to Apple.

    That apology wasn’t good for the court, and Apple was ordered to reword it. That’s what the company did, but it apparently changed the code on its website, to make the modified apology visible only if the user scrolled the webpage downwards.

    The wording was indeed changed, although the word “sorry” or any synonym of it wasn’t found in it. The same goes for the print apology, which went live sometime between the two online versions.

    Which brings us to today, when we find out via The Verge that Apple will have to pay Samsung its legal fees, as UK judges did not find Apple’s apology shenanigans funny and decided to award Samsung a little bonus:

    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.

    How much will Apple pay? We may never find out but patent lawyers are very expensive.

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    • Anthony

      LMAO. That is some funny shit. It’s good for them. They blatantly disobeyed the judge’s ruling. They spit in the face of the UK’s justice system and basically showed that they have no respect for the law or the law’s enforcers. I’m glad to see someone finally taking a stand against Apple. The stunts they pull and all the litigations they tie other companies up in is unethical and immoral. They shouldn’t be allowed to bully other companies the way they do and they shouldn’t be allowed to take companies to court because of a rectangle. I hope that Samsung’s legal fees are extremely high and that they overcharge the hell out of Apple for them. This has been a HUGE win for Samsung, and the wins will keep stacking up when people realize that all the court cases are a joke. Apple has run out of ideas and can no longer innovate, so they have resulted in law suits to stop the competition from taking over. Guess what Apple? The competition has already taken over and there is no way you can stop them.

    • Phillip

      Amen

    • IncCo

      Sounds like they got away with it pretty cheaply

      • DrewNusser

        Really cheaply, considering Samsung’s joke of a legal team.

    • Baz

      The judge never said the ipad was cool from the actual court judgment

      20. Even if that were not so, it cannot be legitimate to break up the ordered notice with false material. And the matter added was indeed false. Before introducing the quotes from HHJ Birss it begins:
      In the ruling, the judge made several important points comparing the designs of the Apple and Samsung products.But the Judge was not comparing “the Apple and Samsung products.” There is not and has never been any Apple product in accordance with the registered design. Apple’s statement would clearly be taken by ordinary readers and journalists to be a reference to a real Apple product, the iPad. By this statement Apple was fostering the false notion that the case was about the iPad. And that the Samsung product was “not as cool” as the iPad.

    • Crevler

      Strike three, you’rrrrre out!

    • Jared Persinger

      Apple has really gone downhill in the past 6 months and I mean REALLY downhill

      • MasterMuffin

        Stock has went over 100$ down :)

        • Marvin Nakajima

          About $160 lower than their high only a few months ago.

          • MasterMuffin

            Karma

        • Jared Persinger

          I guess suing samsung for profit didn’t work to well :)

    • http://www.facebook.com/profile.php?id=735425441 Dave Higgins

      Serves apple right!

    • Geoffrey Swenson

      I did some software coding for two guys that thought they could patent their idea. So they made a visit to a patent attorney, in incredibly plush offices, even for lawyers. But it quickly became apparent that patents may possibly involve a new idea, but they really do cost a heck of a lot more money than these two guys had. At a minimum we needed a few hundred thousand dollars.

    • Apple_Nexus

      @ Chris Smith, Apple were never asked to apologise, but to “publicise the fact that it had lost” the civil case against Samsung (not the same thing!).

      Please stop spreading FUD.

      The actual judgement can be read here:
      http://www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html

    • http://twitter.com/buckustoothnail Buckus Toothnail

      Apple made the CLASSIC mistake of trying to cover up something it didn’t need to and having it BLOW UP IN THEIR FACE and giving it FAR MORE publicity and exposure than if they just did the right thing in the beginning.

      And they did this not just once, but THREE TIMES and counting.

      First by drafting the extremely poor “apology” that rather made them look like the annoying smart-alec kid in 6th grade that had snappy answers for the teacher for everything and always got sent to the dunce corner.

      Then they made the mistake of taking the piss with the judge and arguing there was “nothing wrong” with the first “apology” and that they would need 14 days to make any changes to the website.

      Now they’ve made the mistake of trying to “hide” the re-written “apology” on their website by artificially forcing it to appear off the user’s screen no matter the layout, screen resolution and zoom size of the browser.

      In each case Apple was reprimanded not only by the judges, but by the international media and by public opinion. They gave their humiliating defeat to Samsung in the already high-profile case at least THREE TIMES the amount of publicity that they needed to, and needlessly extended the story’s life cycle.

      Worse, they mocked and destroyed what little reputation they still had, and came across as an extremely arrogant, self-righteous, out-of-touch and disrespectful BULLY that not only showed CONTEMPT toward the law and legal system of the UK, but toward the public in general for thinking they would be “fooled” by the dishonesty of their “apology” and the dishonesty in manipulating the positioning of the “apology” on their website.

      Sadly it seems that without a strong leader, visionary and public icon like Steve Jobs to lead the company, Apple is falling apart much faster than anyone anticipated.

      With their share price having plummeted 170 points in just seven weeks and wiping off US$140 BILLION off their market cap, despite launching the iPhone 5, iPad Mini and iPad 4 in that timeframe, it is now obviously apparent the “Golden Era” of Apple built by Steve Jobs has come to a screeching end.

      • Pablo

        All good, except, Jobs left this legacy of arrogance and dishonesty. It isn’t happening because he left.

    • https://play.google.com/store/apps/details?id=com.ootpapps.saving.made.simple&feature Out of the Park Apps

      Respect, get some Apple.

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