The U.K. Court of Appeal’s has ordered Apple to dole out Samsung’s entire U.K. legal fees for embellishing its court ordered statement with additional details
In July, UK Judge Colin Birss handed ordered Apple to post a notice on the homepage of its website saying Samsung did not copy the design of the iPad. When the post went up, however, it came in the form of a link to a statement which Apple had modified, adding in three paragraphs of improperly inserted text between the ordered material’s two paragraphs.
“As to the costs (lawyers’ fees) to be awarded against Apple, we concluded that they should be on an indemnity basis. Such a basis (which is higher than the normal, “standard” basis) can be awarded as a mark of the court’s disapproval of a party’s conduct, particularly in relation to its respect for an order of the court. Apple’s conduct warranted such an order.
I do not think the order as made precluded any addition to the required notice if that addition had been true and did not undermine the effect of the required notice. But I do consider that adding false and misleading material was illegitimate. For by adding such material the context of the required notice is altered so that it will be understood differently. […]
The reality is that wherever Apple has sued on this registered design or its counterpart, it has ultimately failed. It may or may not have other intellectual property rights which are infringed. Indeed the same may be true the other way round for in some countries Samsung are suing Apple. But none of that has got anything to do with the registered design asserted by Apple in Europe. Apple’s additions to the ordered notice clearly muddied the water and the message obviously intended to be conveyed by it.”