UK court says Apple notice was ‘false and misleading,’ orders full repayment of Samsung’s legal costs

Apple publishes 'Samsung did not copy' statement through gritted teeth

Nothing truly says “I’m sorry” like a large sum of cash, and Apple will have to open up its wallet to Samsung thanks to “false and misleading” information it published in a court-ordered statement. The decision stems from an earlier UK high court ruling ordering Cupertino to post an apology on its British website stating that the Galaxy Tab didn’t copy the iPad. However, according to a new judgement by the the Court of Appeal of England and Wales, the apology it issued contained statements “calculated to produce confusion,” like references to unrelated, favorable judgements. Though Apple issued a second apology, the court is taking the unusual step of forcing it to pay all of Samsung’s legal fees for the entire case on an “indemnity basis” — in other words, to compensate the Korean maker for losses suffered due to the original statement. If you’d like to parse the legalese for yourself, hit the source.

Update: Some thought the original phrasing “which it did” implied that we thought Samsung did copy Apple, rather than the intended meaning — that Apple did issue a retraction. We’ve changed the wording, so thanks to everyone who pointed it out.

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UK court says Apple notice was ‘false and misleading,’ orders full repayment of Samsung’s legal costs originally appeared on Engadget on Sun, 11 Nov 2012 10:15:00 EDT. Please see our terms for use of feeds.

Permalink The Verge  |  sourceEngland and Wales Court of Appeal (Bailli)  | Email this | Comments

Apple told to rewrite ‘Samsung did not copy’ statement, post it on front page until Dec 14th

Apple told to re-write 'Samsung did not copy' statement, post it on front page until Dec 14th

Apple might not have liked having to publish a notice stating that Samsung did not copy its design, as the result of a court ruling, but it complied all the same. Or did they? A UK court of appeal has criticized the firm over its choice of wording, considering it slippery enough to warrant a rewrite. The Guardian reports that the acknowledgement posted by Apple was deemed non-compliant with the court’s order. Apple has today been told to correct its statement, and re-post it on the front page of its website, with at least an 11-point font (and not as a hidden footer link) within 48 hours. The Cupertino team rebuffed, claiming that it would take at least two weeks to get a fresh rework together, a statement that reportedly caused disbelief from some court officials. So, the clock is ticking, and somewhere a legal team is no doubt engaging in some serious thinking. The new statement must remain on Apple’s site until December 14th, plenty of time to catch the attention of eager Christmas shoppers.

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Apple told to rewrite ‘Samsung did not copy’ statement, post it on front page until Dec 14th originally appeared on Engadget on Thu, 01 Nov 2012 08:44:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceThe Guardian  | Email this | Comments

Google on Apple v. Samsung: most infringed patents ‘don’t relate to the core Android operating system’

When the jury in Apple v. Samsung handed down its verdict on Friday, we watched Apple take a victory lap and heard Samsung warn of hampered competition, but one company remained conspicuously silent: Google. This weekend, though, Mountain View finally released a statement, insisting that while Samsung lost the trial, the ruling doesn’t actually implicate Android. “The court of appeals will review both infringement and the validity of the patent claims. Most of these don’t relate to the core Android operating system,” the company said, noting that several of these patents are being revisited by the US Patent Office. Still, buried in that statement is an implicit acknowledgment that if Samsung can’t reverse the decision on appeal, innovation among Android devices might well be be stifled:

“The mobile industry is moving fast and all players – including newcomers – are building upon ideas that have been around for decades. We work with our partners to give consumers innovative and affordable products, and we don’t want anything to limit that.”

Of course, Samsung has indeed said it intends to appeal (and an internal memo reported by CNET corroborates this), so it would seem that the proxy battle against Android is far from over, and the drone of legalese is sure to continue.

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Google on Apple v. Samsung: most infringed patents ‘don’t relate to the core Android operating system’ originally appeared on Engadget on Mon, 27 Aug 2012 09:12:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceBBC, All Things D, CNET  | Email this | Comments