Apple has acted swiftly to replace the Samsung apology on its UK website – and run ads in a number of Sunday newspapers – despite its initial insistence to the Court of Appeal that it would take the company up to 14 days to do so.
The original apology appeared to mock its rival as ‘uncool’ and triggered a complaint from Samsung that it did not comply with the court order and should be altered. The court agreed with the Korean company and said Apple should post another statement within 48 hours.
Apple’s stalling tactics had sparked warnings that it could find in even more trouble. Michael Gardner, head of intellectual property at London law firm Wedlake Bell, said that “if Apple does not get a grip it is likely to find itself in contempt of court. Where a contempt is committed, the Court can jail officers of a company and impose substantial fines. It is not something to be taken lightly”.
A warning it appears to have accepted; instead of providing a link to a correct statement, Apple now has to keep the following message on its homepage:
On 25 October 2012, Apple Inc published a statement on its UK website in relation to Samsung’s Galaxy tablet computers. That statement was inaccurate and did not comply with the order of the Court of Appeal of England and Wales. The correct statement is at Samsung/Apple UK judgement.
Following the link, the new message reads:
Samsung / Apple UK judgment
On 9 July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s Community registered design No. 0000181607-0001. A copy of the full judgment of the High Court is available from www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.
That Judgment has effect throughout the European Union and was upheld by the Court of Appeal of England and Wales on 18 October 2012. A copy of the Court of Appeal’s judgment is available from www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the Community registered design in force anywhere in Europe.
This was also the wording that appeared in press ads run over the weekend.
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