Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1223 (26 July 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1223 (26 July 2012)

The risk of injustice to Apple from refusing a stay, including irreparable harm to its brand and reputation, outweighs the risk of injustice to Samsung from granting a stay, especially given the extensive publicity already received. Solid grounds for a stay were established, and the appeal would be rendered nugatory without it. Therefore, a stay pending appeal is granted.

Citation
[2012] EWCA Civ 1223
Parties
Claimant/respondent: Samsung Electronics (UK) Limited; Defendant/appellant: Apple Inc.
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Stay granted pending appeal
Legal Topics
Registered Community Design, Non Infringement Declaration, Publicity Orders, Stay of Execution, Section 37 Senior Courts Act 1981, Enforcement Directive 2004/48/ec
Intellectual Property Civil Procedure Registered Community Design Non Infringement Declaration Publicity Orders Stay of Execution Section 37 Senior Courts Act 1981 Enforcement Directive 2004/48/ec

Case Brief

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Parties

Samsung Electronics (UK) Limited

Claimant/respondent

Apple Inc.

Defendant/appellant

Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay should be granted pending appeal against an order requiring Apple to publish a notice of non-infringement
  2. 2 Whether the court has jurisdiction to order dissemination of a non-infringement judgment under section 37 of the Senior Courts Act 1981
  3. 3 Whether the Enforcement Directive 2004/48/EC applies to orders for publicity in cases of non-infringement

Ratio Decidendi

The risk of injustice to Apple from refusing a stay, including irreparable harm to its brand and reputation, outweighs the risk of injustice to Samsung from granting a stay, especially given the extensive publicity already received. Solid grounds for a stay were established, and the appeal would be rendered nugatory without it. Therefore, a stay pending appeal is granted.

Court Disposition

Stay granted pending appeal

Orders

  • Stay of paragraph (3) of the High Court order requiring Apple to publish a notice of non-infringement on its UK website and in specified publications, pending the outcome of the substantive appeal.