Apple, Repeat after Me: 'Samsung Did Not Copy iPad Design' – Judge Orders

By Alexandra Burlacu | Jul 19, 2012 12:24 PM EDT

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Remember in school when teachers used to make errant students write the same thing 100 times? Apple seems to be getting a similar slap on the wrist now, as a UK judge has ordered the company to publish a notice on its UK Web site and run ads in British newspapers saying that Samsung did not copy its design for the iPad, Bloomberg reported.

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Judge Colin Birss, who ruled last week that Samsung did not infringe Apple's designs because its Galaxy Tabs were "not as cool" as the iPad, said this notice should further outline that July 9 court ruling. Apple must post the notice on its UK home page for six months, and publish it in several newspapers and magazines. According to Birss, this notice is designed to correct any impression that Samsung was copying Apple's tablet.

Obviously not thrilled about this decision, Apple attorney Richard Hacon told the court that this order means the Cupertino, California-based tech giant will have to publish "an advertisement" for Samsung. "No company likes to refer to a rival on its website."

Apple is currently engaged in a global patent war against several competitors, including Google, Samsung, and HTC, as it races for the top in the increasingly more competitive smartphone and tablet markets. The similarity between Samsung and Apple tablets is also fueling legal battles in Germany, Netherlands, and the United States.

In his ruling on July 9, judge Birss said that Samsung's tablets were unlikely to be mistaken for Apple's market-leading iPad because they are "not as cool." The judge did, however, reject Samsung's request for an injunction to forbid Apple from making public statements that the Galaxy tablet infringed its design rights. "They are entitled to their opinion," said Birss.

"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," the South Korean Galaxy maker said in a statement after the hearing. The comments Apple made after the hearing unjustly implied that Samsung had copied designs, Samsung attorney Kathryn Pickard said at the hearing. Those comments "caused real commercial harm."

According to Bloomberg, a draft copy provided by Samsung's lawyers notes that Apple must run the notice on its Web site, as well as in the Financial Times, the Daily Mail, Guardian Mobile magazine, and T3. Apple's lawyer said the company would appeal the ruling on July 9. Judge Birss granted Apple permission to take its case to the Court of Appeal.

 

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