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Apple’s website notice on Samsung fails to please judges
TT Correspondent |  |  02 Nov 2012

Apples’ trick to put a notice on its website that Samsung Samsung's Galaxy tablet computers had not infringed the design of Apple's iPad, as directed by a British court, in a manner that actually suggested that other courts did not think so, did not amuse the senior judges.

Judges have now ordered the US tech major to re-write the statement. In its judgment on patent issue between Apple and Samsung the High Court of Justice of England and Wales in July this year had ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s registered design No. 0000181607-0001.

The judge Birss had ordered Apple to publish a notice on its website and in British newspapers admitting that Samsung did not 'copy' iPad. The court also directed Apple that it should remain on Apple's website for at least six months.

 Apple did so but with a difference. The manner in which Apple runs the notice on its website reads more like an advertisement for itself than a kind of apology for Samsung. Apple carefully chose the words to imply that the court’s ruling was not justifiable as in other parts of the world the courts thought otherwise.

 It said on its website that 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.

US tech giant Apple has until Saturday to re-write an "inaccurate" statement relating to its patent dispute with South Korean rival Samsung, judges have ruled. Samsung objected to the manner in which the notice was written and complained that the message did not comply with the court order because it included comments on other rulings in Germany and the United States which had favoured Apple.

The judges agreed with Samsung’s argument directed  Apple to re-write the statement within 24 hours. Apple's lawyer Michael Beloff demanded it needed said the notice would be removed, but to the two weeks to post a replacement.

"We are just amazed that you cannot put the right notice up at the same time as you take the other one down," judge Andrew Longmore told Beloff.

Judge Robin Jacob added: "I would like to see the head of Apple make an affidavit about why that is such a technical difficulty for the Apple company.". Now, by Saturday Apple has post the rewritten notice.

    
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02 Nov 2012(IST)  
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