If you rewind your brains back a tad further, you’ll remember Apple’s first attempt at an apology didn’t quite meet requirements, and as such the Californians have now been ordered to pay Samsung’s legal fees on an indemnity basis.
A fantastic document from the England and Wales Court of Appeal reveals just how much upset Apple caused, as its original statement is torn to shreds.
Ultimately, we’re told that Apple’s statement was “false and misleading”, “misleading by omission”, and “calculated to produce huge confusion”, and contained “false innuendo”.
Amusingly, Sir Robin Jacob adds that Apple’s claim that it’d take 14 days to make amendments to its website “beggared belief. In end we gave it 48 hours which in itself I consider generous.”
With regards to the fees: "we concluded that they should be on an indemnity basis. Such a basis (which is higher than the normal, "standard" basis) can be awarded as a mark of the court's disapproval of a party's conduct, particularly in relation to its respect for an order of the court. Apple's conduct warranted such an order."
Sir Robin concludes: “The reality is that wherever Apple has sued on this registered design or its counterpart, it has ultimately failed. It may or may not have other intellectual property rights which are infringed.
“Indeed the same may be true the other way round for in some countries Samsung are suing Apple. But none of that has got anything to do with the registered design asserted by Apple in Europe.
“Apple's additions to the ordered notice clearly muddied the water and the message obviously intended to be conveyed by it.”
via: The Verge