Log In | Register
LATEST: Would this video entice you to buy the Samsung Galaxy S4 Zoom?
     
AppleSamsung 229 days ago | | 8 Comments

UK Court of Appeal tells Apple off & to fix those “untrue” and “incorrect” notices

sntaaa-610 (1)

Yesterday the UK Courts basically showed Apple Inc they would take no nonsense.

The courts were referring to compliance with their court order on publishing notices that were intended to correct the perception Apple had created that Samsung copied the design of the iPad.

You may recall that in the UK, Apple lost the case where they accused Samsung of copying the design of the iPad.  As part of the judgement, the UK courts ordered Apple to post a notice on their website and take out newspaper ads where Apple was to acknowledge that Samsung in fact did not copy the design of the iPad.

Subsequently, Apple sought to comply with the order by printing notices to that effect but including four paragraphs that included references to the “cool” comment as well as details of other cases in other countries where Apple had so far been more successful in their accusations.

As reported by Bloomberg, the UK court of Appeal found the notice posted by Apple to be “untrue” and “incorrect”.  Further, Judge Robin Jacob made a couple of interesting statements:

I’m at a loss that a company such as Apple would do this.

And

This is a plain breach of the order.

Despite the claims of an impossible turnaround time by Apple’s lawyer, Apple has been ordered to remove the original notice and replace it with a notice acknowledging the original notice’s inaccurate comments within 48 hours.

Judge Jacob reportedly made a couple of other statements:

I would like to see the head of Apple make an affidavit setting out the technical difficulties which means Apple can’t put this on [their website]

And

I just can’t believe the instructions you’ve been given. This is Apple. They cannot put something on their website?

Sounds like Apple may have made more than just Android vendors angry this time round.  I know these statements made me think that Judge Jacob thought Apple was disrespecting the court yet again.

Maybe this will teach them to respect the UK Court system more.  What do you think?

Source: Bloomberg
Via: Android Central

Written by : Adrian is a tech and Android enthusiast. When not found trolling the pages of AA or G+, he may be found at the gym, cooking (and eating organic), eating out too much, blogging, taking and editing photos, or buying more Android devices than he needs.
  • cameron charles

    i did say this would happen that first one wasn’t an apology and lol at apple claiming they cant get it up on their website in 48hours.

    its funny apple fans (that i interact with) are calling this childish and silly, to force an apology that is, whilst most everyone else heralds it as a step towards stemming the patent bs, amazing how views differ

    • Adrian Mar

      I think Apple was probably wanting extra time because they wanted their marketing and legal team to carefully craft the new notice before being released, and with such corporates there’s probably a lot of red tape – but the UK court showed them what they thought about that!

      I don’t think this ruling was childish – it was probably due to Apple attempting to create a strong impression of “doom and gloom” on any customer who bought a Galaxy Tab and this ruling was intended to correct this wrongdoing. You’re right that there can be so many different opinions on the same matter but they are wrong on this one :)

      Also, Samsung I think rightfully said that Apple’s original notice implied the UK Courts and judges were incorrect and the other favourable rulings from other foreign courts were – not a good idea!

      Also interesting in terms of the fallout is that the UK Court’s ruling applies to all of the EU, just as the Apple-favourable German rulings did (I believe). Given the UK (and perhaps EU broadly) has a track record of often ruling against US companies it’ll be interesting to see how this translates into future cases, Apple’s court strategy and whether the German court changes tact, given the British are highly unlikely to.

      I also wonder if the Australian courts will find similar to the UK court system given this precedent has been set!

      • cameron charles

        oh yea your totally right apple would have wanted more time to get the next posting to comply to the apology rules but still cast a good light and of course not step across red tape within apple, when clearly the courts just want an outright apology which requires no red tape checks really.

        again your spot on, i dont think its childish at all apple did as you said and basically called the court wrong and stormed off lol i agree with the “punishment” totally

        great point too precedent has been set lets see how it plays out gloabally

        • http://fashionfaves.tumblr.com/ Charles Kane

          Precedent is only local. While Australian courts may take cognizance af a foreign court’s decisions and reasons they are not bound by it. There is good reason for this given the difference in laws and the fact that the local court did not see the minutae of evidence that the foreign (english court) did.

          Also taking note of another court’s decision will be affected by the seniority of that court. The lower down the hierarchy the less notice will be taken.
          The failure of a party to adhere to a Judge’s ruling would anger any judge but the court might be somewhat limited as to what it can do about it. I guess the local Apple honcho could be given a visit to HMs Prisons for contempt till it was fixed.

  • Harry Hillis

    damn straight!!! Ive converted 2 die hard iphone customers this week into buying galaxys

    • cameron charles

      interesting, what was the pull to get them over

      • http://www.androidaustralia.com.au/ Josh Berg

        Yeah, what got them to make the final move?

  • http://www.facebook.com/profile.php?id=1339830992 Tyler Saddington

    Good. They deserve it!