Apple loses appeal, ordered to run ads proclaiming Samsung's innocence in patent dispute

Apple loses appeal, ordered to run ads proclaiming Samsung's innocence in patent dispute

Apple has failed in its attempt to overturn a High Court ruling that the Samsung Galaxy Tab 10.1 doesn't infringe on Apple-held design patents for the iPad.

As a result, Apple will now have to go ahead with the initial punishment dished out by Judge Colin Birss: to post a notice on its own website and in major newspapers and magazines acknowledging Samsung's tablet isn't a copycat of its own.

That was the unprecedented punishment ordered by Birss after the court denied Apple's attempt to get an injunction against the Galaxy Tab 10.1 in the UK based on copyright infringement – just one of several similar cases the two companies have fought out over the past 18 months.

As expected, Apple appealed against against the decision, but the Court of Appeal has ruled it doesn't have a case and the original penalty stands.

Sir Robin Jacob, one of the trio of judges that heard Apple's appeal, pointed out that despite the media attention the case has understandably generated around the world, the matter at the heart of it all remains a relatively simple one.

“It is not about whether Samsung copied Apple's iPad,” Jacob explained. “Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design, according to the tests laid down in the law.

“So this case is all about, and only about, Apple's registered design and the Samsung products,” he added.

Read more about: AndroidiOSApple iPad 3Samsung Galaxy Tab 10.1

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7 comments

matt101101 / MOD  Oct. 19, 2012 at 12:18

I don't know why Apple's legal dept. thought the high court's original ruling would be overturned, I think they may have been playing for time more than anything else. Any word on when said notice has to be up by?

Pondlife  Oct. 19, 2012 at 12:48

The notice requirement did get reduced slightly, less significant display on their website but still have to take out ads in newspapers and magazines.
No idea as to when especially as they could still appeal higher if they really like losing.

eddyday  Oct. 19, 2012 at 13:00

Yet more evidence of what a joke the legal system in this country is.

Pondlife  Oct. 19, 2012 at 13:26

I'd ask you to explain why, but not really fussed on your take and opheliac was a better troll though Note obsessed.

jaybear88  Oct. 19, 2012 at 13:31

Opheliac - aggressive nut.
eddyday - kid spitting his dummy out.

Pondlife  Oct. 19, 2012 at 13:42

Too many cider lollies?

socialjeebus  Oct. 19, 2012 at 14:11

Yet more evidence of what a joke the legal system in this country is.

Lol....Eddy give up the trolling....as much as you love Apple, the only jurisdiction in the world where they've won any kind of victory is in their own backyard and even that's beginning to unravel.

UK, Germany, Australia, Netherlands and Japan have all (some eventually) either ruled against Apple or simply thrown the case out.

The one which ruled in Apple's favour is famous for granting a woman millions of dollars because she didn't realise the coffee she'd just bought was, well, hot.

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