Apple Ordered to Pay All of Samsung's Court Costs in UK Tablet Design Dispute

Following a series of events in a UK court case between Apple and Samsung that resulted in Apple having to publish a revised notice acknowledging that Samsung's Galaxy Tab devices had not infringed upon the registered design related to the iPad, the court has now ruled that Apple must pay all of Samsung's legal fees. The order was made after the court decided that Apple's behavior in the matter had been inappropriate and showed a "lack of integrity".

As to the costs (lawyers' fees) to be awarded against Apple, 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.


The order also highlights the court's issues with Apple's original statement, which contained improperly inserted text within the notice that was required by the court. The court's order specifically permitted Apple to comment on or publish its own information relating to the case, but the company was judged to have purposely circumvented the intent of the order by inserting information judged to be false within the ordered text.

I do not think the order as made precluded any addition to the required notice if that addition had been true and did not undermine the effect of the required notice. But I do consider that adding false and misleading material was illegitimate. For by adding such material the context of the required notice is altered so that it will be understood differently. [...]

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.

Beyond the inclusion of false and misleading text within the required notice, the court also took exception to Apple's claim that it would take 14 days to modify the notice posted on its website. The court ultimately gave Apple 48 hours to make the changes, and the company complied with that demand.

Top Rated Comments

(View all)
Avatar
101 months ago
Well, that's what Apple gets for trying to be a wise-ass.
Score: 71 Votes (Like | Disagree)
Avatar
101 months ago
Anyone else notice so much of the apple news lately is about these legal games and fighting with their partners, suppliers, competitors.

Apple has really lost their ability to focus on product and would rather get into school-yard squabbles than focus on their business

Apple 2012 = Microsoft 1998.
Score: 36 Votes (Like | Disagree)
Avatar
101 months ago
Times are changing, macrumors used to be full of fanboys that didnt care about logic but it seems Apples behaviour has pissed them off too.
Score: 28 Votes (Like | Disagree)
Avatar
101 months ago

Talk about the Judge throwing a hissy fit.

I might be a little more sympathetic to samsung, If they had not exactly copied apple advertisements, and packaging. But that is just way too "coincidental" to be an accident.

Apple disagreed with the decision, and playfully pointed out the Judges own words. He took offense and pitched a tantrum, by ordering to pay Samsung, as punishment for mocking his short sighted decision.


Please show me where he threw a "tantrum" ?

Apple didn't "playfully" do anything. It was strategic. And it backfired. They hedged a bet and lost. They knew the first post wouldn't comply. They lied about how long it would take to correct it. Then they had fun with the javascript code.

The judge ordered a specific message to be posted. Apple didn't post that message exclusively. They added commentary and negating the purpose of the message in the first place.

You can love Apple and think what they did was funny. But I can't see how anyone would think what they did was in the spirit of what the court required. Unless you're just blind.

But do show us any evidence of a tantrum. I'm pretty sure he made a ruling and when it wasn't kept to the letter of the law, he responded in kind.

You just don't like the outcome. Maybe it's you that's posting a tantrum?
Score: 26 Votes (Like | Disagree)
Avatar
101 months ago

The real issue here is that the Judge made on record comments that basically sound like he agrees personally that Samsung copied, but the legal tests that would allow him to declare a violation of the law were not met. Then when he made this order he wasn't precise in the rules and opened himself up to having those comments exposed, thus causing embarrassment.

So he screams that Apple knew what was intended etc. which is a bit ironic since it seems he recognized that Samsung 'intended' to copy Apple's product design but he test of specificity failed and in patents specifics trump 'intent'.

The real issue is that you also didn't read any of the rulings
Score: 20 Votes (Like | Disagree)
Avatar
101 months ago
Pretty obnoxious behaviour by Apple. I'll bet the heels wouldn't have been dragged if this had been a judgement from an American court.
Score: 18 Votes (Like | Disagree)

Top Stories

Apple Takes Legal Action Against Small Company With Pear Logo

Saturday August 8, 2020 11:09 am PDT by
Apple is taking legal action against the developers of the app "Prepear" due to its logo, according to iPhone in Canada. Prepear is an app that helps users discover recipes, plan meals, make lists, and arrange grocery deliveries. The app is a spinoff of "Super Healthy Kids," and the founders claim that they are facing litigation from Apple. Apple reportedly takes issue with Prepear's logo, ...

Apple Seeds iOS 14 and iPadOS 14 Public Beta 4 to Testers

Thursday August 6, 2020 10:05 am PDT by
Apple today seeded new public betas of upcoming iOS 14 and iPadOS 14 updates to its public beta testing group. Today's software releases, which Apple labels as fourth betas to keep them in line with developer betas, are actually the third betas that Apple has provided and they come two weeks after the prior beta releases. Public beta testers who have signed up for Apple's beta testing...

Supposed iPhone 12 Display Unit Leaks

Thursday August 6, 2020 8:13 am PDT by
An image supposedly of an iPhone 12 display unit has been shared online by leaker "Twitter user Mr. White". Compared to images of an iPhone 11 Pro display piece, this new unit has a reoriented display connector, reaching up from the bottom of the display, rather than from the left-hand side on iPhone 11 Pro. This may be due to the logic board moving to the other side of the device. A...

8 Third-Party Home Screen Widgets That You Can Try Out Now on iOS 14

Wednesday August 5, 2020 12:56 pm PDT by
One of the biggest new features of iOS 14 is Home Screen widgets, which provide information from apps at a glance. The widgets can be pinned to the Home Screen in various spots and sizes, allowing for many different layouts. When the iOS 14 beta was first released in June, widgets were limited to Apple's own apps like Calendar and Weather, but several third-party developers have begun to test ...

New 27-Inch iMac's Storage Affixed to Logic Board, 4TB and 8TB Configurations Have Expansion Connector

Friday August 7, 2020 7:46 am PDT by
Following a report from German blog iFun.de that claimed the new 27-inch iMac's flash storage is soldered to the logic board, MacRumors has obtained additional information in an internal document for Apple technicians. In the document, Apple says that the flash storage is indeed affixed to the logic board and cannot be removed. However, for the 4TB and 8TB configurations, Apple says that a...

2020 iMac Teardown Reveals Internal Changes and Similarities

Saturday August 8, 2020 12:44 pm PDT by
A teardown video, shared by OWC, reveals the internal changes in the new 2020 27-inch iMac. The 2020 27-inch iMac was announced earlier this week with 10th-generation Intel Core processors, AMD Radeon Pro 5000 series graphics, up to 128GB of RAM, up to 8TB of storage, a 1080p front-facing FaceTime camera, a True Tone display with a nano-texture glass option, higher fidelity speakers, and...

Kuo: iPhone 12 Camera Lens Supplier Experiencing Quality Issues, But May Not Affect Launch Schedule

Thursday August 6, 2020 9:30 pm PDT by
One of Apple's camera lens suppliers for the upcoming non-Pro iPhone 12 models is having quality issues, according to a new research note from analyst Ming-Chi Kuo seen by MacRumors. The issues are, however, unlikely to have an impact on Apple's shipping schedule, presuming that Apple's other main supplier can make up the difference. Kuo says that Genius Electronic Optical has discovered...

Google's $349 Pixel 4a vs. Apple's $399 iPhone SE

Wednesday August 5, 2020 1:45 pm PDT by
Google this week launched its newest smartphone, the $349 Pixel 4a, a low-cost device that's designed to compete with other affordable devices like Apple's iPhone SE. We picked up one of the new Pixel 4a smartphones and thought we'd check it out to see how it measures up to the iPhone SE, given that the two devices have such similar price points. Subscribe to the MacRumors YouTube channel ...

Sony WH-1000XM4 Noise-Canceling Headphones Now Available for $350

Friday August 7, 2020 2:01 am PDT by
Sony's flagship WH-1000MX3 noise-canceling headphones have been among the best on the market for some time, and this week Sony released its fourth-generation WH-1000XM4 headphones boasting some notable improvements on the previous model. The XM4s feature the same basic design as the XM3s, but are one gram lighter at 254 grams due to slightly larger ear pads and some subtle tweaks to the...

Apple Announces New 27-Inch iMac With 10th-Gen Processors, Up to 128GB RAM, 1080p Webcam, True Tone, and More

Tuesday August 4, 2020 8:07 am PDT by
Apple today announced a new 27-inch iMac with faster 10th-generation Intel Core processor options, next-generation AMD graphics, up to 128GB of RAM, a higher-resolution 1080p front-facing FaceTime camera, a True Tone display with a nano-texture glass option, a T2 chip, higher fidelity speakers, studio-quality microphones, and more. A breakdown of the new 27-inch iMac's features and specs:10th...