UK judge: Apple notice on Samsung a "breach of order," orders new notice

Judge is getting irritated with Apple.

by Jacqui Cheng - Nov 1, 2012 2:31 pm UTC

A UK judge was unamused by Apple's interpretation of an order requiring the company to publicly acknowledge that Samsung didn't copy Apple's designs. On Thursday, the UK Court of Appeal gave Apple a slap on the wrist for the notice it posted earlier this week, which used a direct quote from High Court Judge Colin Birss saying Samsung's tablets were "not as cool" as Apple's. Apple now has 24 to 48 hours (depending on which source you read) to post an updated statement, perhaps this time with a little less snark.

"I’m at a loss that a company such as Apple would do this," Judge Robin Jacob said during a hearing in London on Thursday, according to Bloomberg. "That is a plain breach of the order."

The "breach of the order" was apparently that Apple had amended the statement originally ordered by the court. As detailed by The Guardian, Apple's misstep was its decision to add details from other court cases—particularly in the US—where the courts had ruled against Samsung for allegedly copying Apple's designs.

"A US jury also found Samsung guilty of infringing on Apple's design and utility patents, awarding over one billion US dollars in damages to Apple Inc. So while the UK court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple's far more popular iPad," reads the end of Apple's statement.

Apple tried to argue that it would take 14 days to post an updated notice on its website, but the request was shot down. In fact, Judge Jacob made it clear that Apple's actions are beginning to make him testy.

"I would like to see the head of Apple make an affidavit setting out the technical difficulties which means Apple can’t put this on" its site, Jacob said. "I just can’t believe the instructions you’ve been given. This is Apple. They cannot put something on their website?"

The notice must be on Apple's UK website until December 14. In the original order, Apple was also told to pay for ads in a number of UK publications, though it appears as if those have not yet materialized.