Arrogant Apple has been told by a UK judge that the mumbled mea culpa to Samsung it had posted on its Website in response to a court order had made the situation worse. "Do it again," was the judgement. I. D. Scales reports.
Apple had enraged the UK judges in the UK Apple v. Samsung court battle by not complying with a court order to clear up the impression that Samsung had copied the iPad. (see - One BAD Apple: a UK judge strikes back with some innovation of his own) in the wake of Apple's failed action in the UK. The judge had previously told Apple that it must publish a message to make it clear that Samsung had not infringed the iPad's registered design with the Galaxy tablet.
The reason for such a message, the judges said, was not to humiliate Apple but to make clear to consumers that it was okay to buy and own a Samsung tablet.
"A consumer might well think: 'I had better not buy a Samsung - maybe it's illegal and if I buy one it may not be supported'," said one of the judges.
But instead of a swift, no-fuss clarification Apple chose instead to do a "yeah but, no but" exercise (a Vicky Pollard catch-phrase for those outside the UK - view here just for fun
) and then use the statement to imply that the battle between Apple and Samsung over design was far from over and that the UK ruling went against other rulings in Europe and US.
This approach, said the judges, had actually perpetuated the market uncertainty that the courts had been trying to dispel by ordering the statement in the first place.
Apple was last week ordered to remove the current statement and immediately post a correct one. It was refused 14 days breathing-space to think up a new dodge, with one of the judges memorably saying: "We are just amazed that you cannot put the right notice up at the same time as you take the other one down."
Note: All UK judges are expected to take courses in advanced sarcasm.
I can today report that Apple has now posted a simple statement free of any "yeah but, no but". Here it is...
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.
please sign in to rate this article