Apple Earns Delay on Publishing Notices Acknowledging Samsung Did Not Copy iPad

Requiring them to make this announcement post could severely damage their legal efforts in other parts of the world. Losing their case is bad enough....this juvenile add on from the judge is silly and damaging. It's also forcing Apple to make an admission they don't agree with or believe in. Just because they lost and the judge ruled against them, does not mean they must now accept and agree with it. They have to comply with the ruling. That is all. Forcing an admission that is a statement of position is wrong.

I wonder what the Samesung tablet would look like if Apple didn't make an iPad? Oh wait there wouldn't be any tablets because apparently they were an oversized toy on ipad1 release that wouldn't sell at all right? :P

I still can't believe that something so stupid was even decided in court.

I would have the right text for that:

"We as Apple Inc. are forced by a ruling we appeal to state that Samsung did not copy the iPad with their Galaxy Tab 10.1. However, Samsung is barred from selling the smaller Galaxy Tab and one of their phones from selling in the European Union for copying the iPad. We do not understand why the closest resembling product, the Galaxy Tab 10.1 does not resemble the iPad, but the judge found, this particular product did not copy the iPad. Our sensere appologies to Samsung who only copied us to produce smaller devices." :D

What was ordered and why

First, here's what Apple was ordered to do for the period of one year or until the judge decided otherwise:

Post in a size no smaller than Arial 14pt, the following notice on all the Apple EU homepages, and also do the same in the following on a page before page 6: The Financial Times, the Daily Mail, The Guardian, Mobile Magazine and T3 magazine:

"On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited's Galaxy Tablet computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple 's registered design 000181607-0001. A copy of the full judgment of the High Court is available via the following link [insert hyperlink]."

Here are the legal reasons quoted for it:

The starting point for the analysis of this request is Article 15 of the Enforcement Directive. It is as follows:

Publication of Judicial Decisions

Member States shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part. Member States may provide for other additional publicity measures which are appropriate to the particular circumstances, including prominent advertising.

The relevant recital is recital 27 which provides:

To act as a supplementary deterrent to future infringers and to contribute to the awareness of the public at large, it is useful to publicise decisions in intellectual property infringement cases.

The relevant practice direction relating to Art 15 is Practice Direction 26.2 to Part 63 of the CPR, as follows:

Where the court finds that an intellectual property right has been infringed, the court may, at the request of the applicant, order appropriate measures for the dissemination and publication of the judgment to be taken at the expense of the infringer.

In the decision of Henderson J...

That emphasizes that there is a strong deterrent element to this power, as well as a wish to make sure that the relevant public is aware of relevant decisions which have been reached.

... also..

In summary, the policy comes down to two points: to deter future infringers and to publicise and disseminate the outcomes of these sorts of proceedings.

He debated about whether Samsung could run the ads themselves, but then noted out that Apple had continued to talk about copying even after his decision that Samsung had not copied:

"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad. This kind of blatant copying is wrong and, as we've said many times before, we need to protect Apple's intellectual property." - Apple

As anyone anywhere on the planet can tell you, dissing a judge's decision is not smart. It doesn't matter if you're a teen punk or a major corporation. The judge said this about what Apple was doing:

In my judgment, Apple are carefully trying to say something which contains an innuendo that Samsung infringe without actually saying it. The reference to copying is exactly that. It is clear that copying plays no part in this case for Registered Community Design infringement, but to many people outside the circles of intellectual property law to say something infringes a Registered Community Design and to say someone copied your design or your product is to say the same thing.

I think that helped decide it for him. Apple just wouldn't stop even after they lost. Note, however, that he refused to gag Apple, on the grounds of free speech.

Full order here: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Patents/2012/2049.html

To people like KnightWRX claiming that Apple has had a serious impact on the media by calling Samsung copy cats and having lost the case deserve to post this.

Why is no one asking Samsung to post a similar apology having called apple infringers in all news headlines and losing almos every other case?