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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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They can ask for leave to apply for an appeal, but...... | 221 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
They can ask for leave to apply for an appeal, but......
Authored by: Anonymous on Thursday, October 18 2012 @ 10:00 AM EDT
unless there is 'An arguable point of law" which they are
appealing it is unlikely they'll even get close.

As far as I can tell, the UK judge said, okay let's cut through the noise, this
is the issue on the table (the law), so this is the standard, and oh look the
original judgement is correct, what don't you understand about that Apple?


Of course it wouldn't be unheard of for a jobsian zealot to argue that what
everyone thinks the law means, actually means something else.

The downside for the jobsian evangelistas is that UK judges are still expected
to rely on their common sense as well as their knowledge and experience of the
law.

That's why they were handed the rather embarrassing judgement (upheld) that they
need to broadcast far and wide that what they've been saying about Samsung is
factually and legally incorrect.

They're four judges in and 2-0 down, they might have the money to throw at it,
but they need to keep in mind UK Appeal courts have the power to add additional
punitive measures if they feel the appeal is without merit


(imagine a world where very apple tablet had to carry a sticker in the middle of
its front screen says "this is not a Samsung Galaxy Tab", it's
possible...if they try too hard).



[ Reply to This | Parent | # ]

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