Apple has been given 48 hours by a UK court to re-write an "inaccurate" statement on its website with regards to a design patent dispute with Samsung.
On 18 October, Apple lost an appeal against a UK ruling that found Samsung did not copy its tablet designs. A judge at the High Court in London said that the designs of Samsung's tablets were "altogether busier" with a more varied use of colour and were not as "cool" as Apple's iPad. As a result, Apple was ordered to run adverts in a national publication and post a statement on its website saying that Samsung had not infringed its patents.
Since then, a judge presiding over the case has agreed with a Samsung complaint that the statement Apple posted on its website did not comply with the court order.
Samsung argued that the notice, which included commentary about rulings in Germany and the US that favoured Apple, was "inaccurate and misleading."
"This has received enormous publicity and has perpetuated confusion as to Samsung's entitlement to market the Galaxy tablet computers in issue. It has created the impression that the UK court is out of step with other court," a Samsung lawyer said in a written statement to judges.
Apple's attorney Michael Beloff QC told the court that the company had thought that it had complied with the court order and asked that the company be given 14 days to post the replacement – a request which was swiftly denied.
"It's not designed to punish, it's not designed to make us grovel. The only purpose must be to dispel commercial uncertainty," he said.
Lord Justice Longmore sided with Samsung and ordered Apple to remove the original statement from its website within 24 hours and replace it with an adequate one within 48 hours.
"We are just amazed that you cannot put the right notice up at the same time as you take the other one down. I would like to see the head of Apple [Tim Cook] make an affidavit about why that is such a technical difficulty for the Apple company," said Judge Lord Justice Longmore.