Apple Must Publish Notice Samsung Didn’t Copy IPad, Judge Says

Posted on July 19, 2012 // 0 Comments

Apple Inc. (AAPL) was ordered by a judge to
publish a notice on its U.K. website and in British newspapers
alerting people to a ruling that Samsung Electronics Co. didn’t
copy designs for the iPad.

The notice should outline the July 9 London court decision
that Samsung’s Galaxy tablets don’t infringe Apple’s registered
designs, Judge Colin Birss said today. It should be posted on
Apple’s U.K. home page for six months and published in several
newspapers and magazines to correct any impression the South
Korea-based company was copying Apple’s product, Birss said.

The order means Apple will have to publish “an
advertisement” for Samsung, Richard Hacon, a lawyer for
Cupertino, California-based Apple, told the court. “No company
likes to refer to a rival on its website.”

Apple is fighting patent lawsuits around the globe against
competitors including Google Inc., HTC Corp. (2498) and Samsung as it
competes for dominance of the smartphone and tablet computer
markets. The firms have accused each other of copying designs
and technology in their mobile devices. Legal battles about the
similarity of Samsung and Apple tablets are being fought in
Germany, the Netherlands and the U.S.

Public Statements

Birss said in his July 9 ruling that Samsung’s tablets were
unlikely to be confused with the iPad because they are “not as
cool.” He declined today to grant Samsung’s bid for an
injunction blocking Apple from making public statements that the
Galaxy infringed its design rights.

“They are entitled to their opinion,” he said.

Apple spokesman Alan Hely didn’t immediately respond to a
phone call and e-mail requesting comment on the judge’s order.

“Should Apple continue to make excessive legal claims
based on such generic designs, innovation in the industry could
be harmed and consumer choice unduly limited,” Samsung said in
a statement after the hearing.

“The war between these two companies seems to be
escalating even further,” said Colin Fowler, an intellectual
property lawyer at London-based Rouse. He said much of the
publicity around the July 9 ruling focused on Birss’ comments
about Samsung not being as cool.

“From a victory in court they were suddenly on the back
foot,” Fowler said in a phone interview. “Getting this order
fits in with the context of them trying to restore the
balance.”

‘Commercial Harm’

Comments made by Apple after that ruling unfairly implied
that Samsung had copied designs, Samsung’s lawyer Kathryn
Pickard said at the hearing. That “caused real commercial
harm.”

As well as Apple’s website, the company must pay for
notices in the Financial Times, the Daily Mail, Guardian Mobile
magazine, and T3, according to a draft copy of the order
provided by Samsung’s lawyers.

Apple’s lawyer said the company would appeal the July 9
decision and Judge Birss granted the company permission to take
its case to the court of appeal.

The case is Samsung Electronics (UK) Limited Anr v. Apple
Inc., High Court of Justice, Chancery Division, HC11C03050.

To contact the reporter on this story:
Kit Chellel in London at
cchellel@bloomberg.net

To contact the editor responsible for this story:
Anthony Aarons at
aaarons@bloomberg.net

Enlarge image

Apple Must Publish Notice Samsung Didn’t Copy IPad in U.K.

Lex Van Lieshout/epa/Corbis

Apple Inc. was ordered to put notices in U.K. newspapers and on its website stating that Samsung didn’t copy the iPad.

Apple Inc. was ordered to put notices in U.K. newspapers and on its website stating that Samsung didn’t copy the iPad. Photographer: Lex Van Lieshout/epa/Corbis