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Apple ordered to re-write 'inaccurate' Samsung statement | Apple ordered to re-write 'inaccurate' Samsung statement |
(about 3 hours later) | |
Apple has 48 hours to re-write a statement on its website relating to its design rights dispute with Samsung, UK judges have ruled. | Apple has 48 hours to re-write a statement on its website relating to its design rights dispute with Samsung, UK judges have ruled. |
Apple was forced on 18 October to publish a message making it clear that Samsung had not infringed the iPad's registered design. | Apple was forced on 18 October to publish a message making it clear that Samsung had not infringed the iPad's registered design. |
However Samsung complained the statement Apple had posted did not comply with the court order. | However Samsung complained the statement Apple had posted did not comply with the court order. |
Judges agreed and have told Apple it must be removed within 24 hours. | Judges agreed and have told Apple it must be removed within 24 hours. |
A new, compliant version must then be posted. | A new, compliant version must then be posted. |
Michael Beloff QC, representing Apple, told judges that the company had thought that it had complied with the court order. | Michael Beloff QC, representing Apple, told judges that the company had thought that it had complied with the court order. |
"It's not designed to punish," he said. | "It's not designed to punish," he said. |
"It's not designed to make us grovel. The only purpose must be to dispel commercial uncertainty." | "It's not designed to make us grovel. The only purpose must be to dispel commercial uncertainty." |
He asked that the company be given 14 days to post the replacement - but the request was firmly denied. | He asked that the company be given 14 days to post the replacement - but the request was firmly denied. |
Lord Justice Longmore told Mr Beloff: "We are just amazed that you cannot put the right notice up at the same time as you take the other one down." | Lord Justice Longmore told Mr Beloff: "We are just amazed that you cannot put the right notice up at the same time as you take the other one down." |
One of the other judges, Sir Robin Jacob, added: "I would like to see the head of Apple [Tim Cook] make an affidavit about why that is such a technical difficulty for the Apple company." | |
Apple told the BBC it did not want to comment further. | Apple told the BBC it did not want to comment further. |
'Horse's mouth' | 'Horse's mouth' |
Samsung complained that the notice posted by Apple was "inaccurate and misleading" because it added comments about other rulings in Germany and the US that had gone in the iPad-maker's favour. | Samsung complained that the notice posted by Apple was "inaccurate and misleading" because it added comments about other rulings in Germany and the US that had gone in the iPad-maker's favour. |
"This has received enormous publicity and has perpetuated confusion as to Samsung's entitlement to market the Galaxy tablet computers in issue," a Samsung lawyer said in a written statement to judges. | "This has received enormous publicity and has perpetuated confusion as to Samsung's entitlement to market the Galaxy tablet computers in issue," a Samsung lawyer said in a written statement to judges. |
"It has created the impression that the UK court is out of step with other courts." | "It has created the impression that the UK court is out of step with other courts." |
The UK's ruling applies to the whole of the EU. | The UK's ruling applies to the whole of the EU. |
The court order is the latest twist in an ongoing legal saga involving the two companies. | The court order is the latest twist in an ongoing legal saga involving the two companies. |
Apple brought the case to the UK courts, alleging that Samsung's Galaxy Tab 10 had infringed the design of its iPad. | Apple brought the case to the UK courts, alleging that Samsung's Galaxy Tab 10 had infringed the design of its iPad. |
But in July, Judge Colin Birss disagreed on the grounds that Samsung's product was not as "cool". | But in July, Judge Colin Birss disagreed on the grounds that Samsung's product was not as "cool". |
His ruling meant that Apple was denied the opportunity to impose a sales ban on Samsung's products. | His ruling meant that Apple was denied the opportunity to impose a sales ban on Samsung's products. |
Apple was unsuccessful in appealing the ruling, and was ordered to place a notice on its website, newspapers and magazines explaining that Samsung had not infringed its designs. | Apple was unsuccessful in appealing the ruling, and was ordered to place a notice on its website, newspapers and magazines explaining that Samsung had not infringed its designs. |
The intention, judges said, was not to make Apple "grovel", but to remove "commercial uncertainty" surrounding Samsung's products. | The intention, judges said, was not to make Apple "grovel", but to remove "commercial uncertainty" surrounding Samsung's products. |
"A consumer might well think: 'I had better not buy a Samsung - maybe it's illegal and if I buy one it may not be supported'," Sir Robin said. | "A consumer might well think: 'I had better not buy a Samsung - maybe it's illegal and if I buy one it may not be supported'," Sir Robin said. |
"Apple itself must (having created the confusion) make the position clear: that it acknowledges that the court has decided that that these Samsung products do not infringe its registered design. | "Apple itself must (having created the confusion) make the position clear: that it acknowledges that the court has decided that that these Samsung products do not infringe its registered design. |
"The acknowledgement must come from the horse's mouth." | "The acknowledgement must come from the horse's mouth." |
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