Apple has been ordered to clean up the non-apology to Samsung it has posted on its website after its lawsuit accusing the Korean firm of copying its patents was tossed out earlier this year.
It had been ordered to publish a notice on the Apple website – and take out ads in the papers – explicitly acknowledging the UK court ruling that Samsung did not copy its designs (despite rulings elsewhere that it had).
Inevitably, though, the original notice wasn't exactly delivered in the spirit intended.
While it stuck to the letter of the order, it also pointed out that Judge Colin Birss had said in his ruling that “the [iPad] design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design”, while Samsung's Galaxy Tabs “do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool.”
And it got even worse, with the notice pointing out at the end that other courts had found in its favour – a kind of passive-aggressive dig at the ruling itself:
“So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple's far more popular iPad.”
It could well have been that bit that pushed the boat out too far, as a UK court of appeal has told Apple it is out of order, and has demanded a rewrite of the “non-compliant” statement appear on the Apple website within 48 hours.
Not only that, but the statement must be carried on the homepage, rather than only accessible via a link, and must be in no smaller than 11-point type.
Apple's lawyers then apparently claimed that it would take at least 14 days for such changes to be made, an argument that one of the presiding judges said he “cannot believe”.
Via The Guardian