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Apple must pay Samsung’s Legal Fees After ‘False’ Statement

Apple One Step Closer to Launching iPhone 5 in China

The bitter feud between technology giants Apple and Samsung rages on today, after Apple are ordered to pay Samsung’s UK legal fees after ‘false’ statement.

Earlier in the year, Apple were forced to publicly apologise to Samsung after a UK court ruled in favour of Samsung after losing a patent appeal, however the apology wasn’t exactly sincere. It was embellished. Or, according to the UK Court, “false and misleading”.

Obviously, Samsung weren’t going to take this latest affront lying down and complained to the UK court over Apple’s less than courteous action. The result was yet another court order to be slapped on Apple’s growing list on November 1 and for Samsung’s legal fee’s to be paid for in the entirety.

So what was so contentious about the statement? Well firstly, let’s take a look at the statement itself. The first half started well enough, stating the patent law ruling – see below:

Samsung / Apple UK judgment

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 not infringe 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.

But the second half, which has since been removed due to the court order, basically pointed out that the UK ruling was a one-off event. Check it out:

However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design. A U.S. jury also found Samsung guilty of infringing on Apple’s design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc. So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple’s far more popular iPad.

In response to this statement, UK Court of Appeal judge Sir Robin Jacob dubbed other European countries upholding the patent dispute as “a false [statement].”

“No patent of any kind has been involved in Germany or here, still less ‘the same patent’,” Jacob noted. He added that this was “calculated to produce huge confusion. The false innuendo is that the UK court came to a different conclusion about copying, which is not true for the UK court did not form any view about copying. There is a further false innuendo that the UK court’s decision is at odds with decisions in other countries whereas that is simply not true.”

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