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Apple's Samsung statement reprimanded by court of appeal


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#1 MightyJordan

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Posted 01 November 2012 - 12:47

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The UK court of appeal has reprimanded Apple over the wording of the statement on its website acknowledging that Samsung did not infringe the iPad tablet's registered design, and ordered it to put an altered statement on its homepage – rather than tucked away in a linked page – until 14 December.

The acknowledgement put up last week, linked from the home page by a tiny link, was deemed to be "non-compliant" with the order that the court had made in October. The court has now ordered it to correct the statement – and the judges, Lord Justice Longmore, Lord Justice Kitchin and Sir Robin Jacob, indicated that they were not pleased with Apple's failure to put a simpler statement on the site.

At a hearing in the court in London on Thursday morning, the judge told Apple that it had to change the wording of the statement within 48 hours, carry it on its home page, and use at least 11-point font.

Apple tried to argue that it would take at least 14 days to put a corrective statement on the site – a claim that one judge said he "cannot believe".

Darren Smyth of EIP Partners said: "The objection was that Apple had added to the statement that the court of appeal had ordered, so did not comply with the original order, and furthermore that the additions were not accurate.

"Apple must now within 48 hours publish a correction on their homepage with a link to the corrected statement in not less than 11-point font."

The tech giant was originally ordered by the court of appeal to correct the statement carried on its website relating to its tablet battle with Samsung, in which it was ordered to acknowledge that its rival did not copy the iPad's design.

Though Apple did do that, it also added in details from other court cases in the US relating to other non-design patents to suggest that other courts had found against Samsung.

The acknowledgement – which was depicted as an apology, though neither the court of appeal nor the original high court judgment described it as such – was intended to be a factual statement ordered by His Honour Judge Birss QC in the high court. Apple has also been told it must take out adverts with the same statements in the Financial Times, The Guardian, Daily Mail, T3 magazine and Mobile magazine. Those adverts are not thought to have appeared.

The ruling is the latest in a long-running battle between the South Korean and Californian electronics giants, in which Apple and Samsung have since 2010 been at loggerheads over patents and designs used in their respective smartphones and tablets, with lawsuits around the world.

In the UK one, Apple had claimed that Samsung infringed its European "registered design" for the iPad tablet with the Galaxy Tab; Samsung disagreed, and won a ruling from Birss in July.

He then ordered Apple to issue a corrective statement about Samsung's designs. Apple appealed, but lost that case in October. The same three judges sat on Thursday as in the October case.

While Apple's statement on its site did contain the elements it was instructed to contain according to the court of appeal and high court rulings, Apple added four paragraphs – including extracts from Birss's ruling in July where he called Apple's designs "cool", and contrasted them against Samsung's, which he said lacked the same qualities.

Bloomberg quoted Jacob as saying Apple's statement was "a plain breach of the order".

Bloomberg said that Michael Beloff, a lawyer representing Apple, defending the notice, told the court that the judges themselves had said that it "is not designed to punish, it is not designed to make us grovel" and that its only purpose was "to dispel commercial uncertainty".

Apple declined to comment on the new ruling.


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#2 Geoffrey B.

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Posted 01 November 2012 - 12:52

i figured they were going to have to change it after i read it. I thought it sounded too much like an advertisement rather than an apology.

#3 Sandor

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Posted 01 November 2012 - 12:59

Astoundingly arrogant. The original statement showed how Apple thought it was a big joke. Glad the judges are cracking down on their nonsense.

#4 HoochieMamma

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Posted 01 November 2012 - 13:00

Fantastic (Y)

Well done UK.

#5 ahhell

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Posted 01 November 2012 - 13:04

Good. I hope they hold Apple in contempt as well.

#6 HawkMan

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Posted 01 November 2012 - 13:07

Astoundingly arrogant. The original statement showed how Apple thought it was a big joke. Glad the judges are cracking down on their nonsense.

Well in all fairness, the original statement just said the same thing the judges themselves did. :)

#7 Elliott

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Posted 01 November 2012 - 13:21

I think the part about the German and American courts finding that Samsung infringed went too far, but the rest seems perfectly in line with the request by the judge. As Apple's lawyers stated: the purpose of the notice was to dispel commercial uncertainty; not to grovel.

#8 20legend

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Posted 01 November 2012 - 13:22

LOL
that is all :D

#9 Neu B

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Posted 01 November 2012 - 13:28

Apple has become real sleazy.

#10 Boz

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Posted 01 November 2012 - 13:31

Apple has become real sleazy.


Has become? They've been sleazy for last 2 decades.

#11 vetneufuse

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Posted 01 November 2012 - 13:35

14 days to update a webpage? no wonder apple has to take down their entire store to release new products </s>

#12 .Neo

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Posted 01 November 2012 - 13:53

Well in all fairness, the original statement just said the same thing the judges themselves did. :)

Exactly. What else did they expect Apple to put online.

#13 FloatingFatMan

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Posted 01 November 2012 - 13:59

Exactly. What else did they expect Apple to put online.


Exactly what they were told to do, and not all the extra stuff to make it look like they're being picked on. As soon as I read it, it was obvious they were going to get into trouble again.

Apple need to learn to do what they're told. Unlike the US legal system, ours isn't controlled by corporations.

#14 .Neo

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Posted 01 November 2012 - 14:10

Unlike the US legal system, ours isn't controlled by corporations.

If only the rest of the world could be as enlightened as the British. All we can do is strive I guess, and hope one day we'll gain a fraction of what your people have. ;)

Anyway, from what I've been seeing the past few months it's obvious the company is a mess. Apple really needs to sort itself out.

#15 DavidM

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Posted 01 November 2012 - 14:53

Exactly what they were told to do, and not all the extra stuff to make it look like they're being picked on. As soon as I read it, it was obvious they were going to get into trouble again.

Apple need to learn to do what they're told. Unlike the US legal system, ours isn't controlled by corporations.

Oh, how I wish, they would get the corporations the **** OUT of our government. We've got more guns than you can point a rifle at, but I'm more afraid of our government will have me arrested for violating a EULA or jailbreaking a device I ACTUALLY paid money for...