Last week, a UK judge ruled that Apple must post public notices in newspapers and on its website acknowledging that Samsung did not copy the design of the iPad with its Galaxy Tab 10.1 tablet. That announcement came a little over a week after the same judge had ruled against Apple in its infringement claim against Samsung, opining that the Galaxy Tab 10.1 is simply "not as cool" as the iPad.

apple samsung logos
Apple of course appealed the ruling that it must publish those notices, which were to remain on its UK website for six months, and Bloomberg now briefly reports that Apple has been granted a stay on that requirement until an appeal is heard in October.

Apple was ordered earlier this month to put a note on its U.K. site and buy advertisements in British newspapers to alert customers to a court ruling that Samsung hadn’t copied the iPad’s design. Cupertino, California-based Apple appealed saying it didn’t want to advertise for its rival. The order is stayed until its appeal against the ruling is heard in October.

More information on the stay may yet be forthcoming, but it appears that Apple will have significant time to put forward its arguments attempting to convince a separate court that the notice requirement was an improper part of the verdict.

Top Rated Comments

Joe-Diver Avatar
133 months ago
Requiring them to make this announcement post could severely damage their legal efforts in other parts of the world. Losing their case is bad enough....this juvenile add on from the judge is silly and damaging. It's also forcing Apple to make an admission they don't agree with or believe in. Just because they lost and the judge ruled against them, does not mean they must now accept and agree with it. They have to comply with the ruling. That is all. Forcing an admission that is a statement of position is wrong.
Score: 11 Votes (Like | Disagree)
turtlez Avatar
133 months ago
I wonder what the Samesung tablet would look like if Apple didn't make an iPad? Oh wait there wouldn't be any tablets because apparently they were an oversized toy on ipad1 release that wouldn't sell at all right? :P
Score: 7 Votes (Like | Disagree)
hobo.hopkins Avatar
133 months ago
I still can't believe that something so stupid was even decided in court.
Score: 6 Votes (Like | Disagree)
Mad-B-One Avatar
133 months ago
I would have the right text for that:

"We as Apple Inc. are forced by a ruling we appeal to state that Samsung did not copy the iPad with their Galaxy Tab 10.1. However, Samsung is barred from selling the smaller Galaxy Tab and one of their phones from selling in the European Union for copying the iPad. We do not understand why the closest resembling product, the Galaxy Tab 10.1 does not resemble the iPad, but the judge found, this particular product did not copy the iPad. Our sensere appologies to Samsung who only copied us to produce smaller devices." :D
Score: 5 Votes (Like | Disagree)
kdarling Avatar
133 months ago
What was ordered and why

First, here's what Apple was ordered to do for the period of one year or until the judge decided otherwise:

Post in a size no smaller than Arial 14pt, the following notice on all the Apple EU homepages, and also do the same in the following on a page before page 6: The Financial Times, the Daily Mail, The Guardian, Mobile Magazine and T3 magazine:

"On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited's Galaxy Tablet computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple 's registered design 000181607-0001. A copy of the full judgment of the High Court is available via the following link [insert hyperlink]."

Here are the legal reasons quoted for it:

The starting point for the analysis of this request is Article 15 of the Enforcement Directive. It is as follows:

Publication of Judicial Decisions

Member States shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part. Member States may provide for other additional publicity measures which are appropriate to the particular circumstances, including prominent advertising.

The relevant recital is recital 27 which provides:

To act as a supplementary deterrent to future infringers and to contribute to the awareness of the public at large, it is useful to publicise decisions in intellectual property infringement cases.

The relevant practice direction relating to Art 15 is Practice Direction 26.2 to Part 63 of the CPR, as follows:

Where the court finds that an intellectual property right has been infringed, the court may, at the request of the applicant, order appropriate measures for the dissemination and publication of the judgment to be taken at the expense of the infringer.

In the decision of Henderson J...

That emphasizes that there is a strong deterrent element to this power, as well as a wish to make sure that the relevant public is aware of relevant decisions which have been reached.

... also..

In summary, the policy comes down to two points: to deter future infringers and to publicise and disseminate the outcomes of these sorts of proceedings.


He debated about whether Samsung could run the ads themselves, but then noted out that Apple had continued to talk about copying even after his decision that Samsung had not copied:

"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad. This kind of blatant copying is wrong and, as we've said many times before, we need to protect Apple's intellectual property." - Apple

As anyone anywhere on the planet can tell you, dissing a judge's decision is not smart. It doesn't matter if you're a teen punk or a major corporation. The judge said this about what Apple was doing:

In my judgment, Apple are carefully trying to say something which contains an innuendo that Samsung infringe without actually saying it. The reference to copying is exactly that. It is clear that copying plays no part in this case for Registered Community Design infringement, but to many people outside the circles of intellectual property law to say something infringes a Registered Community Design and to say someone copied your design or your product is to say the same thing.

I think that helped decide it for him. Apple just wouldn't stop even after they lost. Note, however, that he refused to gag Apple, on the grounds of free speech.

Full order here: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Patents/2012/2049.html
Score: 4 Votes (Like | Disagree)
dethmaShine Avatar
133 months ago
To people like KnightWRX claiming that Apple has had a serious impact on the media by calling Samsung copy cats and having lost the case deserve to post this.

Why is no one asking Samsung to post a similar apology having called apple infringers in all news headlines and losing almos every other case?
Score: 3 Votes (Like | Disagree)

Popular Stories

USB C Over Lightning Feature

EU Passes Law to Switch iPhone to USB-C by End of 2024

Tuesday October 4, 2022 3:30 am PDT by
The European Parliament today voted overwhelmingly in favor of enforcing USB-C as a common charging port across a wide range of consumer electronic devices, including the iPhone and AirPods, by the end of 2024. The proposal, known as a directive, forces all consumer electronics manufacturers who sell their products in Europe to ensure that a wide range of devices feature a USB-C port. This...
General iOS 16 Feature Yellow

10 New iOS 16 Features Coming Later This Year

Monday October 3, 2022 2:41 pm PDT by
iOS 16 was released to the public three weeks ago with a customizable Lock Screen, the ability to edit iMessages, improvements to Focus modes, and much more. And in the coming months, iPhone and iPad users have even more new features to look forward to. We've rounded up 10 new features coming to the iPhone and iPad later this year, according to Apple. Many of the features are part of iOS...
magsafe charger orange

Apple Releases New MagSafe Charger Firmware

Tuesday October 4, 2022 12:09 pm PDT by
Apple today released updated firmware for the MagSafe Charger that is designed to work with the iPhone 12 and later and the AirPods Pro 2. The new firmware is version 10M1821, up from the prior 10M229 firmware. Note that in the Settings app, you'll see a different version number than the firmware number, with the update displayed as version 255.0.0.0 (the prior firmware was 247.0.0.0). The...
maxresdefault

Video: AirPods Pro 2 vs. Bose QuietComfort II

Monday October 3, 2022 12:50 pm PDT by
Apple on September 23 officially launched the second-generation version of the AirPods Pro, introducing updated Active Noise Cancellation, Adaptive Transparency, improved sound, and more. Right around the same time, Bose introduced new QuietComfort II earbuds with many similar features, so we thought we'd compare the two to see which has the edge. Subscribe to the MacRumors YouTube channel for ...
iOS 16

Apple Preparing iOS 16.0.3 With More Bug Fixes Following iPhone 14 Launch

Monday October 3, 2022 7:53 am PDT by
iOS 16.0.2 was released last month with several bug fixes for iPhone 14 issues, excessive copy and paste permission prompts, and more. Now, evidence suggests that Apple is planning to release iOS 16.0.3 with additional bug fixes. Evidence of an upcoming iOS 16.0.3 software update has shown up in MacRumors analytics logs, which have been a reliable indicator in the past. There are several...
ipad pro m1 feature

Gurman: Apple Event This October Remains Unlikely, No Touch ID for iPhone 15

Sunday October 2, 2022 6:41 am PDT by
Apple is developing new iPad Pro, Mac, and Apple TV models, and at least some of these products will be released in October, according to Bloomberg's Mark Gurman. However, Gurman continues to believe that Apple is unlikely to hold an event this month. In the latest edition of his Power On newsletter, Gurman said "the big iPhone 14 unveiling last month was probably it for Apple in 2022 in...
General YouTube Feature 1

You May Soon Need to Be a YouTube Premium Subscriber to Watch 4K Videos

Monday October 3, 2022 4:29 am PDT by
YouTube may make watching videos in 4K quality on the platform exclusive to only YouTube Premium subscribers, according to screenshots posted by users on Twitter and Reddit. On Reddit (1,2) and Twitter, some users have started to recently notice that on iOS, and presumably across other platforms also, YouTube is now saying that in order to watch videos in 4K, the user must be a paying...
Apple SIM Card

Apple SIM No Longer Available for Activating New Cellular Data Plans on iPads

Sunday October 2, 2022 8:04 am PDT by
As of October 1, Apple SIM is no longer available for activating new cellular data plans on supported iPad models, according to an Apple support document. Introduced in 2014, the Apple SIM was designed to allow iPad users to activate cellular data plans from multiple carriers around the world. Initially, the Apple SIM was a physical nano-SIM card, but it was embedded inside later iPad Pro...