British Judge Tells Apple to Advertise for Samsung
07/20/12
In a decision, which is quite unusual in the legal world, a judge in Britain has ordered Apple to publish newspaper advertisements declaring that Samsung did not infringe Apple design patents, and has also ordered Apple to post such notices on its Web site. The same judge, last week, provided a questionable victory to Samsung while rejecting Apple’s claims over tablet designs and held the Galaxy tablets were “not as cool” as iPads and consumers were unlikely to confuse between them.
Legal analysts say judgments made upon subjective observations like “not as cool” in a legal war between two global giant businesses concerning intellectual property and affecting hundreds of millions of revenue is unheard of.
Judge Birss, in his latest order made on Tuesday, told Apple to post a notice on its British website telling visitors that Samsung did not violate its design patent. According to Bloomberg News, the order also requires Apple to take out similar advertisements in The Financial Times, The Daily Mail and some other British publications.
After the order, Samsung said, “Should Apple continue to make excessive legal claims based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited.”
Lucy Haeran Koh was born in Washington, D.C. She attended Harvard College and graduated with a B.A. in Social Studies in 1990. In 1993, Koh earned her J.D. from Harvard Law School. After law school, Koh joined the United States Senate Committee on the Judiciary, where she served as a Women’s Law and Public ....
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While Apple has already stated it would appeal the “not as cool” decision, its strategy on the latest judicial order is unknown.
However, in another turn of events made during the same proceedings, the judge refused to allow Samsung an injunction barring Apple from saying Samsung had infringed patents.
In the United States, in proceedings based on similar issues, Apple has secured preliminary injunctions blocking Samsung from selling several of its products. A jury trial over the issues is set to begin on July 30 in San Jose.
Apple and Samsung are battling each other in a global war over intellectual properties and markets and have filed claims and counterclaims against each other in many countries including Australia, France, Germany, Japan, the Netherlands, and South Korea.
Though Apple claims Samsung smartphones and tablets look, feel and work in a manner extremely close to iPhones and iPads, the British judge disagreed and said Samsung’s Galaxy tablets are thinner than iPads and “do not have the same understated and extreme simplicity which is possessed by the Apple design.”
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In a decision, which is quite unusual in the legal world, a judge in Britain has ordered Apple to publish newspaper advertisements declaring that Samsung did not infringe Apple design patents, and has also ordered Apple to post such notices on its Web site. The same judge, last week, provided a questionable victory to Samsung while rejecting Apple’s claims over tablet designs and held the Galaxy tablets were “not as cool” as iPads and consumers were unlikely to confuse between them.
