Wednesday, July 18, 2012

(BN) Apple Must Publish Notice Samsung Didn’t Copy IPad, Judge Says


July 18 (Bloomberg) -- A U.K. judge ordered Apple Inc. to publish a notice on its website and in British newspapers alerting people to a ruling that Samsung Electronics Co. didn't copy designs for the iPad.

The notice should outline the July 9 London court decision that Samsung's Galaxy tablets don't infringe Apple's registered designs, Judge Colin Birss said. It should be posted on Apple's U.K. website for six months and published in several newspapers and magazines to correct the damaging impression the South Korea-based company was copying Apple's product, Birss said.

The order means Apple will have to publish "an advertisement" for Samsung, and is prejudicial to the company, Richard Hacon, a lawyer representing Cupertino, California-based Apple, told the court. "No company likes to refer to a rival on its website."

Judge Birss said in his July 6 ruling that Samsung's tablets were unlikely to be confused with the iPad because they are "not as cool."

Apple is fighting patent lawsuits around the globe against competitors including Google Inc., HTC Corp. and Samsung as it competes for dominance of the smartphone and tablet computer markets. The firms have accused each other of copying designs and technology in their mobile devices. Legal battles about the similarity of Samsung and Apple tablets are being fought in Germany, the Netherlands and the U.S.

Judge Birss didn't grant Samsung's bid for an injunction blocking Apple from making public statements that the Galaxy infringed its design rights.

"They are entitled to their opinion that the judgment is not correct," he said.

Apple spokesman Alan Hely didn't immediately respond to a phone call and e-mail requesting comment. Samsung's outside public relations firm Red Consultancy declined to immediately comment.

The case is Samsung Electronics (UK) Limited & Anr v. Apple Inc., High Court of Justice, Chancery Division, HC11C03050.


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