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November 5, 2012

Apple’s Samsung statement: take two

Stripped-down statement will hopefully settle the matter

By Cbr Rolling Blog

Apple has had another go at complying with a court order that states it must out a statement on its website saying Samsung did not copy its iPad designs.

Apple was ordered to add the statement to its site after losing a copyright battle with Samsung. However, as well as containing the simple statement of fact requested by the court, the original statement contained references to other geographies where Apple’s claims against Samsung were upheld.

That resulted in Judge Robin Jacob labelling it a "plain breach of the order." He ordered Apple to post a reworded statement which, incredibly, Apple asked for two weeks to produce. The judge gave the gadget giant 48 hours instead.

The new statement strips out a lot of the self-congratulating Apple had added to the original.

"On 9 July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic(UK) Limited’s Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do notinfringe Apple’s Community registered design No. 0000181607-0001. A copy of the full judgment of the High Court is available from www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html," the statement reads.

It concludes: "That Judgment has effect throughout the European Union and was upheld by the Court of Appeal of England and Wales on 18 October 2012. A copy of the Court of Appeal’s judgment is available from www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the Community registered design in force anywhere in Europe."

It seems the new statement is still not to everyone’s liking. Readers have pointed out that the size of the advert for the iPad mini on Apple’s homepage has increased, pushing the link to below the fold. This means many visitors will not even see it.

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It remains to be seen whether this latest attempt will satisfy Samsung and the courts. Let’s hope so, anyway, so we can put this sorry saga to bed. Until the next court case at least…

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