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U.K. Court orders Apple to pay Samsung's legal fees

Posted: , by Alan F.

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U.K. Court orders Apple to pay Samsung's legal fees
On Friday, we told you how Judge Robin Jacobs in the U.K. had said that Apple showed a "lack of integrity" when it posted a "false and misleading" statement on its website. Apple was forced to post that the Samsung Galaxy Tab did not infringe on Apple's design patents as a U.K. court found. Instead of following the court's directions, Apple simply posted about court rulings it had won outside the U.K. along with some flippant comments made by a U.K. judge about the Apple iPad being cool compared to the Samsung Galaxy Tab, which wasn't "cool enough" to be confused with Apple's tablet.

Judge Robin Jacobs is peeved at Apple

Judge Robin Jacobs is peeved at Apple

An exasperated Judge Jacobs was originally told by Apple that it would take two weeks to change the post on its website (could an innovative tech company like Apple really need two weeks to change a post on its site?). Considering that Apple failed to follow the court's directions when it came to publishing the original post, the judge has decided to order Apple to pay Samsung's U.K. legal costs related to this case on an indemnity basis as opposed to the standard basis. Simply, this means that instead of finding in Apple's favor on matters of questionable legal fees, the court will rule in favor of Samsung and require Apple to pay the bill in question.

Ordering that Apple pay Samsung's costs on an indemnity basis is a sign that the court disapproves of Apple's conduct in this case, especially as it was related to an order made by the court. Additionally, the court released its list of things it found false with Apple's first post (see below) and why it decided to force Apple to keep the new notice up until December 15th (check the sourcelink).

From reading excerpts from the court's ruling, it is obvious that the judge is upset and angry with Apple's behavior in this matter. Is this an isolated situation or is this another sign of the unraveling that seems to be taking place at Apple?

"22. Here what Apple added was false and misleading. I turn to analyse it. The first sentence reads:

However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design.

That is false in the following ways:

(a) "Regarding the same patent." No patent of any kind has been involved in Germany or here, still less "the same patent."

(b) As regards the Community Registered Design, the German Courts held that neither the Galaxy 10.1 nor the 8.9 infringed it. As to the 7.7 there was for a short while a German provisional order holding that it infringed. Whether there was a jurisdiction to make that order is very doubtful for the reasons given in my earlier judgment but in any event the order had been (or should have been) discharged by the time the Contested Notice was published.

(c) There is a finding and injunction, limited to Germany alone, that the 10.1 and 8.9 infringe German unfair competition law. But the statement is likely to be read as of more general application.

23. The second sentence reads:

A U.S. jury also found Samsung guilty of infringing on Apple's design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc.

That is misleading by omission. For the US jury specifically rejected Apple's claim that the US design patent corresponding to the Community Design in issue here was infringed. The average reader would think that the UK decision was at odds with that in the US. Far from that being so, it was in accordance with it.

24. The third sentence reads:

So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung wilfully copied Apple's far more popular iPad.

This is calculated to produce huge confusion. The false innuendo is that the UK court came to a different conclusion about copying, which is not true for the UK court did not form any view about copying. There is a further false innuendo that the UK court's decision is at odds with decisions in other countries whereas that is simply not true.

25. 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."-U.K. Court

source: Groklaw, TheVerge via Gizmodo

Story timeline

  • Options

posted on 11 Nov 2012, 02:23 31

1. khurram87 (Posts: 27; Member since: 01 Sep 2011)

iSad :(
Hahahahahaha...on ur iFace Apple!

posted on 11 Nov 2012, 02:56 35

10. MeoCao (unregistered)

And the Court should order Apple to apologize again, a real apology this time that will not be hidden by some deceitful codes.

People yet to see an apology from Apple.

posted on 11 Nov 2012, 03:20 16

13. PapaSmurf (Posts: 10457; Member since: 14 May 2012)

They still won't do it. They'll pull off the same stunt they have the past two "apologies."

posted on 11 Nov 2012, 03:49 11

21. PhenomFaz (Posts: 1236; Member since: 26 Sep 2012)

Apple must really hate this saying right now....

"Karma is a real b!y@ch!!!"

posted on 11 Nov 2012, 23:12 1

37. CellieCell (Posts: 138; Member since: 14 Apr 2010)

Or, "how ya like them apples!"

posted on 12 Nov 2012, 09:04

40. PhenomFaz (Posts: 1236; Member since: 26 Sep 2012)

I like my apples in apple pies :)....and I just LLLOOOOVVVVEEEE Apple Pies!

posted on 11 Nov 2012, 13:21 5

28. PAPINYC (banned) (Posts: 2315; Member since: 30 Jul 2011)

The U.K. Court should make Tim Cook run naked through a place like London's West End, only wearing a cow bell (or, in this case, a §h€€p bell) around his neck and a Galaxy Tab 2 10.1 tablet in his arms while exclaiming, "The British are coming, the British are coming!!!"

posted on 11 Nov 2012, 17:07 1

33. XPERIA-KNIGHT (unregistered)


posted on 11 Nov 2012, 16:46 1

32. Mxyzptlk (unregistered)

This isn't really fair justice

posted on 12 Nov 2012, 13:58

42. Jobes (Posts: 364; Member since: 27 Oct 2011)

So they lose and are unwilling to do as the court orders.. so if Samsung decides not to pay the 1b and keeps writing phony checks to Apple just to watch them try to cash it that makes it ok?? Only thing fair to you Mxy is for Apple to win every case.. and be the only company standing.

posted on 11 Nov 2012, 03:30 3

18. AnTuTu (Posts: 1580; Member since: 14 Oct 2012)

Here's your black days begins again A 4 Apple

WoW all of my statements are turning into truth :)

posted on 11 Nov 2012, 04:57 4

22. Wiki_jaan (Posts: 704; Member since: 24 Jun 2012)

A 4 Apple
B 4 Boring Apple
C 4 Cancel Apple

posted on 11 Nov 2012, 08:13 1

23. Foxytail (Posts: 4; Member since: 11 Nov 2012)

You are damn wrong!! C 4 = C4... so?? let's boom apple... like a boss B-)

posted on 11 Nov 2012, 16:45

31. Mxyzptlk (unregistered)

Sad that such injustice goes on.

posted on 11 Nov 2012, 18:05 1

34. tedkord (Posts: 14120; Member since: 17 Jun 2009)

Ha ha ha ha ha ha.

posted on 12 Nov 2012, 06:16

38. joey_sfb (Posts: 6600; Member since: 29 Mar 2012)

LOL!!!!! Rolling on the floor!!!

posted on 12 Nov 2012, 09:12

41. dsmboost (Posts: 46; Member since: 01 Nov 2011)

There is something seriously wrong with you. Your dedication to Apple is borderline obsessive because of how upset you get over these things. It's just a damn company..do you really think it cares about you? You weren't this upset when Apple sued Samsung in the US about how samsung "copied" some generic looking icons that have been around for decades. Just grow up man..loyalty to one particular company is foolish. And that goes to android fanboys as well.

posted on 11 Nov 2012, 02:29 14

2. Izzy_V (Posts: 216; Member since: 07 Jul 2012)

Such sweet irony LOL.

posted on 11 Nov 2012, 02:41 19

3. PapaSmurf (Posts: 10457; Member since: 14 May 2012)

I have no sympathy for them. They did this themselves by thinking they had balls in the first place.

posted on 11 Nov 2012, 02:43 10

4. anywherehome (Posts: 971; Member since: 13 Dec 2011)

Very very nice iMorning's iNews :)

posted on 11 Nov 2012, 02:49 4

5. Max_Boost (Posts: 101; Member since: 22 Sep 2012)

Another iPwnage by Samsung!!!

posted on 11 Nov 2012, 02:52 13

6. someones4 (Posts: 625; Member since: 16 Sep 2012)

Just a few more of these episodes and it might be over.

posted on 11 Nov 2012, 02:53 9

9. PapaSmurf (Posts: 10457; Member since: 14 May 2012)

This can relate to Survivor, but we all know Samsung will win lol. :)

posted on 11 Nov 2012, 02:52 9

7. mas11 (Posts: 1034; Member since: 30 Mar 2012)

Damn this is how it should be.

posted on 11 Nov 2012, 02:53 15

8. No_Nonsense (unregistered)

So can we have more judges like him and Posner?

posted on 11 Nov 2012, 03:11 5

12. XPERIA-KNIGHT (unregistered)

things are getting good aint it :)

posted on 11 Nov 2012, 03:24 1

15. PapaSmurf (Posts: 10457; Member since: 14 May 2012)

It's nice and sunny in Samsungville and in Appleville they seem to be suffering from a hurricane with wind speeds of over 90mph.

posted on 11 Nov 2012, 03:02 5

11. kach22 (Posts: 153; Member since: 04 Nov 2011)

Revenge is best when served cold.

posted on 11 Nov 2012, 03:22 2

14. Rocksteady (unregistered)

First, I received the Jelly Bean update, and now this great news.
Have a nice day everybody.

posted on 11 Nov 2012, 03:24 1

16. PapaSmurf (Posts: 10457; Member since: 14 May 2012)

What device?

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