Court of England and Wales hands down its judgement concerning a notice to be placed on Apple’s website concerning the non-infringement of their Community Design by certain Samsung tablets

The judgement by the Court of England and Wales concerning a notice to be placed on Apple’s website concerning the non-infringement of their Community Design by certain Samsung tablets is now available at [2012] EWCA Civ 1430. 
 
It makes somewhat uncomfortable reading. 

Apple were required to place a notice “to clear the fog of confusion it had created” concerning its Community Design  0000181607-0001.  However, the notice they placed comprised matter directed by the court mixed up with matter added by Apple.  This pointed to infringement having been found in other jurisdictions of other intellectual property rights notably the USA.  The judge branded the amended notice as including inaccurate statements and “false innuendo”.  Importantly, the judge pointed out that “The UK decision is not in odds with the USA decision”.  The USA jury specifically rejected Apple’s claim of infringement of a US design patent that corresponded to the Community Design in issue in these proceedings.   The amended notice was alleged to have undermined the intended effect of “removing the fog”.

Apple were ordered to remove the offending amended notice and to replace it by the originally ordered notice.

Concerning the time allowed for placing of the notice, Apple requested 14 days.  That time span “beggared belief” and the Court allowed a generous 48 hours although inviting an application for an extension if it included an explanation for the delay from  a senior executive .  No application was forthcoming and the judge commented “I hope the lack of integrity involved in this incident is entirely atypical of Apple.”

Ouch!