Samsung Electronics (UK) Ltd v Apple Inc

Samsung Electronics (UK) Ltd v Apple Inc

The risk of injustice to Apple if a stay were refused, including irreparable harm to its reputation and brand, outweighed the risk of injustice to Samsung. The refusal of a stay would render the appeal nugatory as the harm would occur before the appeal could be heard. Therefore, solid grounds for a stay were established and the stay was granted pending appeal.

Parties
Claimant/respondent: Samsung Electronics (UK) Limited; Defendant/appellant: Apple Inc.
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Civil Appeal / Application for Stay Pending Appeal
Outcome
stay granted pending appeal
Legal Topics
Registered Design, Declaration of Non Infringement, Publicity Orders, Stay of Execution, Injunctions
Intellectual Property Civil Procedure Registered Design Declaration of Non Infringement Publicity Orders Stay of Execution Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Samsung Electronics (UK) Limited

Claimant/respondent

Apple Inc.

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay should be granted pending appeal of an order requiring Apple to publish a notice of non-infringement
  2. 2 Whether the refusal of a stay would render the appeal nugatory
  3. 3 Whether the court has jurisdiction to order publication of a notice in these circumstances

Ratio Decidendi

The risk of injustice to Apple if a stay were refused, including irreparable harm to its reputation and brand, outweighed the risk of injustice to Samsung. The refusal of a stay would render the appeal nugatory as the harm would occur before the appeal could be heard. Therefore, solid grounds for a stay were established and the stay was granted pending appeal.

Court Disposition

stay granted pending appeal

Orders

  • Stay of paragraph (3) of the High Court order granted pending substantive appeal.