Samsung Electronics (UK) Ltd v Apple Inc

Samsung Electronics (UK) Ltd v Apple Inc

No injunction restraining Apple from asserting infringement is granted due to the importance of freedom of expression and public scrutiny of the courts. However, Apple is ordered to publish a notice of non-infringement on its UK website for six months and in specified newspapers, balancing the need to publicise the outcome and address commercial harm to Samsung.

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

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Parties

Samsung Electronics (UK) Limited

Claimant

Apple Inc.

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether an injunction should be granted restraining Apple from asserting Samsung's tablets infringe the registered design
  2. 2 Whether Apple should be ordered to publish the judgment and a notice of non-infringement

Ratio Decidendi

No injunction restraining Apple from asserting infringement is granted due to the importance of freedom of expression and public scrutiny of the courts. However, Apple is ordered to publish a notice of non-infringement on its UK website for six months and in specified newspapers, balancing the need to publicise the outcome and address commercial harm to Samsung.

Court Disposition

Injunction refused; publication order granted in part

Orders

  • Apple to publish a notice on its UK website for six months stating Samsung's Galaxy Tab 10.1, 8.9, and 7.7 do not infringe Registered Community Design 000181607-0001.
  • Apple to publish the same notice in The Financial Times, Daily Mail, The Guardian, Mobile Magazine, and T3 magazine.