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Old 11-01-2012, 09:05 PM   #84
Graham
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Join Date: Feb 2008
Location: North Yorkshire, UK
Device: Sony PRS-650, Nexus 4, HP Touchpad, Nexus 7.
Quote:
Originally Posted by Daithi View Post
They were required to post a page stating Samsung hadn't copied the iPad. They complied with that order. They just took it a step further by making it clear that other jurisdictions have disagreed with this conclusion, and used the judges own words to describe why the U.K. judge found Samsung wasn't in violation---

The BBC's headline on this story is "Apple ordered to re-write 'inaccurate' Samsung statement." However, I'm hard-pressed to see where anything in Apple's statement is 'inaccurate'.
The fact that you're hard-pressed is exactly why the judge has ordered this restatement.
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In those other jurisdictions, the US jury, while finding for Apple with regard to phone patents, actually ruled in Samsung's favour on tablet design. In other words, on the matter in the UK court case, the US jury agreed with the UK judge.

And in Germany, while Apple won a preliminary injunction, a) it should not have been granted as under EU law the UK court took precedence, and b) a preliminary injunction is not the same as going on to win the case.

So, neither in the US nor in Germany did Apple win a court ruling that Samsung's Tab copied the iPad's design.

Do you see now why Apple's statement, while brilliantly worded, and true in every word, was nonetheless highly misleading and thus did not do what was ordered, i.e. to 'correct the damaging impression' that Samsung had infringed Apple's design patent?

Graham

Last edited by Graham; 11-01-2012 at 09:11 PM.
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