NIPC Law

In " Samsung v Apple : "Be you never so high ....."  2 Nov 2012 I discussed the hearing of Samsung's complaint that Apple had failed to comply with the Court of Appeal's publicity order.   The terms of that order and Apple's purported compliance with it are to be found at  " Apple v Samsung - the Appeal" 26 Oct 2012. On the 2 Nov 2012 I promised to analyse the transcript should it ever be published. The Court of. Appeal gave its reasons for the order that I had previously discussed in  Samsung Electronics (UK) Ltd v Apple Inc (No. 3)  [2012] EWCA Civ 1430 (9 Nov 2012). I apologize for the 6 week delay between their publication and this analysis but my readers will learn very shortly that I have not exactly been idle during this time. Samsung objected to Samsung's notice on the following grounds: First it argued that it was not open to Apple to break up the text ordered by the court by adding in the middle of it matter that had not been o...

In Apple v Samsung: the Appeal   I discussed the notice that Apple was ordered to display on its British website and the words that it actually displayed.  Many people I spoke to (especially those who own Apple phones and tablets) thought that notice was very clever and marvelled at the spin that Apple had put on bad news.   It appears from "Apple ordered to re-write 'inaccurate' Samsung statement"   that the Court of Appeal took a different view and ordered Apple to take the notice down and replace it with one that does comply with their lordships' intentions. Apparently Apple's counsel asked the Court for 14 days to compose its new notice.  That seems to have gone down like a lead balloon,    Lord Justice Longmore replied:: "We are just amazed that you cannot put the right notice up at the same time as you take the other one down."  Sir Robin Jacob, added: "I would like to see the head of Apple make an affidavit about why that is such a t...

On 9 July 2012 HH Judge Birss QC, sitting as a judge of the High Court, held in Samsung Electronics (UK) Ltd v Apple Inc . [2012] EWHC 1882 (Pat) that Samsung's Galaxy 10.1, 8.9 and 7.7 tablet computers  did not infringe Apple Inc.'s Community design number 000181607-0001 . I discussed that judgment in this blog in " Apple v Samsung - Compare and Contrast" on 28 Aug 2012. A few days afterwards in  Samsung Electronics (UK) Ltd v Apple Inc (No. 2) [2012] EWHC 2049 (Pat) (18 July 2012) Judge Birss ordered Apple to display the following notice on the home page of their website and in advertisements in the national press: "On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited's Galaxy Tablet computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design 000181607-0001. A copy of the full judgment of the High Court is available via the following link [insert hyper...