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| Authored by: PJ on Friday, October 26 2012 @ 06:07 PM EDT |
The appeals court said it had to be only one month, and
they allowed it to be a
link on the home page with the
notice on an internal, linked to
page:
85. I turn to the form of the publicity order. No more than
that which is proportionate is necessary. As regards the newspaper publicity we
had no complaint about the detail of that and, subject to the wording, I would
affirm Judge Birss's order. As regards publicity on the Apple home web page, Mr
Carr realistically recognised that Apple had a genuine interest in keeping it
uncluttered. He proposed that instead of requiring the notice to be on the web
page itself, it would be sufficient if there were a link provided from that to
the notice. There are some links already provided. All that need be added is a
link entitled "Samsung/Apple UK judgment." I think that would be appropriate and
proportionate.
86.
As regards the period for which the link should appear,
Mr Carr recognised that a one month period would probably suffice. So I think it
should be required for a month from the date the order of this Court is made.
But for the fact that Apple have agreed to obtain discharge of the order of the
Oberlandesgericht I would have considered a longer period necessary.
87.
Finally I should say something about the notice itself. We heard no discussion
about that. Plainly Judge Birss's Schedule has been overtaken by events. Subject
to anything that may be submitted by either side I would propose the
following:
On 9th July 2012 the High Court of Justice of
England and Wales ruled that Samsung Electronic (UK) Limited's Galaxy Tablet
Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe
Apple's registered design No. 0000181607-0001. A copy of the full judgment of
the High court is available on the following link [link given].
That
Judgment has effect throughout the European Union and was upheld by the Court of
Appeal on ….. A copy of the Court of Appeal's judgment is available on the
following link […]. There is no injunction in respect of the registered design
in force anywhere in Europe.
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