Samsung Electronics (UK) Ltd v Apple Inc [2012] EWHC 2049 (Pat) (18 July 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWHC 2049 (Pat) (18 July 2012)

The court refused to grant an injunction restraining Apple from making assertions of infringement, primarily due to concerns over freedom of speech and the lack of legislative basis for such an order. However, the court ordered Apple to publish a notice of the non-infringement judgment on its UK website for six months and in specified newspapers, finding this appropriate to inform the public and balance the commercial harm caused by Apple's prior assertions.

Citation
[2012] EWHC 2049 (Pat)
Parties
Claimant: Samsung Electronics (UK) Limited; Defendant: Apple Inc.
Jurisdiction
England and Wales
Judgment Date
18 July 2012
Procedural Posture
Intellectual Property (registered Community Design) / Post Trial Judgment on Injunction and Dissemination Orders
Outcome
Injunction refused; order for publication and dissemination of judgment granted in part.
Legal Topics
Registered Community Design, Declaration of Non Infringement, Injunctions, Publication Orders, Freedom of Speech
Intellectual Property Law Registered Community Design Declaration of Non Infringement Injunctions Publication Orders Freedom of Speech

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Parties

Samsung Electronics (UK) Limited

Claimant

Apple Inc.

Defendant

Procedural Posture

Intellectual Property (registered Community Design) / Post Trial Judgment on Injunction and Dissemination Orders

Legal Issues

  1. 1 Whether an injunction should be granted restraining Apple from asserting infringement by Samsung's Galaxy tablets
  2. 2 Whether Apple should be ordered to publish and disseminate the judgment of non-infringement

Ratio Decidendi

The court refused to grant an injunction restraining Apple from making assertions of infringement, primarily due to concerns over freedom of speech and the lack of legislative basis for such an order. However, the court ordered Apple to publish a notice of the non-infringement judgment on its UK website for six months and in specified newspapers, finding this appropriate to inform the public and balance the commercial harm caused by Apple's prior assertions.

Court Disposition

Injunction refused; order for publication and dissemination of judgment granted in part.

Orders

  • Apple to publish a notice of the non-infringement judgment on its UK website for six months.
  • Apple to publish the notice in The Financial Times, Daily Mail, The Guardian, Mobile Magazine, and T3 magazine.