Android Central

Previously on Patent Wars -- Apple sues Samsung in the UK over alleged copying of its iPad design, loses, appeals, loses again, and is ordered to publish statements in leading publications and its on own website indicating that Samsung didn't infringe upon its registered design. Only Apple's initial (and rather passive-aggressive) statement, referencing legal victories in other countries, saw it falling foul of the British judiciary. In recent weeks, a revised statement appeared on Apple's site and in some UK newspapers.

Now the Court of Appeals of England and Wales has ordered Apple to pay all of the costs of Samsung's legal defense on an indemnity basis, on account of the court's "disapproval of [Apple's] conduct." Today's judgment reads --

As to the costs (lawyers' fees) to be awarded against Apple, we concluded that they should be on an indemnity basis. Such a basis (which is higher than the normal, "standard" basis) can be awarded as a mark of the court's disapproval of a party's conduct, particularly in relation to its respect for an order of the court. Apple's conduct warranted such an order.

The judgment also deconstructs Apple's original statement line-by-line, variously describing it as "false and misleading" and "calculated to produce huge confusion," and taking particular issue with references to rulings in Apple's favor in Germany and the U.S. As such, Apple must now open its wallet, in addition to continuing to display the legally-mandated statement on its UK site.

The revised statement must remain on Apple's site for one month.

Source: Balilii; via: The Verge

 

Reader comments

UK appeals court orders Apple to pay Samsung's legal fees

11 Comments

The only way to keep Apple afloat, sue the competition...was the 1 billion verdict final? How are samsung's chances?

It's actually being reviewed right now, as one patent has been tossed out by the patent examiners, and there is some indication that the jury foreman, who admittedly pushed the others to the decision they made, had something personally against Samsung, and Apple may have known that in advance.

They also explicitly ignored the court's instructions, and by their own statements decided amounts to "punish" Samsung, which is not legal... it is supposed to be what it cost Apple, not a punishment.

This Just In: Apple Pays Samsung's Lawyer's In Pennies.

After Judgement from Judge to pay Samsung's legal fees, 2 tons of pennies were delivered to the Defendant's lawyers for fees. This being the first of four installments. Apple's statement is that the "Legal Fees" is merely "chump change" to them.

So turning a court-ordered statement about your competition into unbridled self-promotion and mocking the judge ISN'T what the court had in mind?

I'm shocked. Shocked, I tell you.

Screw legal fees, if the average Joe disobeyed a court order they'd be facing jail time in most cases. Let a couple "executives" sit in a cell for a few days and see how fast they start taking this patent war seriously.

Lesson 1: Don't F with British judges or you'll be humiliating yourself for months. lol

Lesson 2: Justice is more likely in countries where neither company has the home-court advantage.

This decision makes me happy. :)