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Judge Forces Apple To Rewrite Post that Samsung Did Not Copy iPad

Judge Forces Apple To Rewrite Post that Samsung Did Not Copy iPad
November 1, 2012 2:12PM

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Apple asked for 14 days to make changes to the Samsung notice but the Judge Robin Jacob denied the request. "I would like to see the head of Apple make an affidavit setting out the technical difficulties which means Apple can't put this on" their Web site, Jacob said. Apple now must add three sentences admitting it previously posted "an incorrect statement."

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If Apple thought it could spin its way out of a U.K. court-ordered apology to Samsung, the iPhone maker needs to think again. A U.K. judge had mandated Apple post a notice on its Web site that the design of three Samsung Galaxy Tab tablets does not infringe on Apple's patented design. But Apple got creative in the language of the posting, essentially marketing the iPad at Samsung's expense.

Judge Robin Jacob had ordered Apple to post the notice in the wake of an Oct. 18 judgment in favor of Samsung in the patent litigation. But the notice that was posted, Samsung attorney Henry Carr told the court Thursday, created the impression that the court is out of step. Jacob didn't take to kindly to Apple's creativity.

"I'm at a loss that a company such as Apple would do this," Bloomberg quoted Jacob as saying. "That is a plain breach of the order."

Judge Lashes Out

Apple could not immediately be reached for comment. But Michael Beloff, an attorney for Apple, argued in court that Apple's "apology" met the conditions of the court order. He said the notice "is not designed to punish, it is not designed to make us grovel. The only purpose is to dispel commercial uncertainty."

Apple asked for 14 days to make changes to the Samsung notice but the judge denied the request.

"I would like to see the head of Apple make an affidavit setting out the technical difficulties which means Apple can't put this on" their Web site, Jacob said. "I just can't believe the instructions you've been given. This is Apple. They cannot put something on their Web site?"

Apple is now being forced to add three sentences on its homepage admitting that it previously posted "an incorrect statement" and link to the new notice.

Apple's Transgression

Here's the back story: Apple posted a notice last week that acknowledged the court ruled in Samsung's favor on July 9 and linked to the case. Apple also noted that in the ruling, the judge made "several important points" comparing the designs of the Apple and Samsung products. Apple then outlined those points:

"Overall [the design] has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design," the judge wrote of Apple's iPad. (continued...)

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Tell Us What You Think
Comment:

Name:

mhikl:

Posted: 2012-11-01 @ 7:05pm PT
The judge is nuts, or at least full of himself. I can just see the snickers in his court amongst the knowledgeable. I suspect it's time he thought about retirement. Sounds like a court jester with a peeve, not a respected member of HMCS.

Ronaldo:

Posted: 2012-11-01 @ 4:35pm PT
The Great Apple needs to respect other companies. I do not like Apple products. Be professional and apologize to Samsung.



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