independent

Friday 18 April 2014

Judges amazed as tech giant Apple needs two weeks to post message on its website

Apple CEO Tim Cook. Photo: Reuters

SENIOR judges today expressed amazement after technology giant Apple suggested it would need two weeks to post a notice on its website.

One judge suggested that Apple chief executive Tim Cook ought to make a statement setting out the "technical difficulty" facing the American firm.



Judges were sitting in the Court of Appeal in London hearing details of a dispute between Apple and rival Samsung.



Apple had been instructed by judges to publish a statement acknowledging that it had lost an earlier legal fight with Samsung.



The two firms returned to court after Samsung complained that the notice Apple posted did not comply with the court order and should be altered.



Apple said the notice did comply.



But judges agreed with Samsung and said Apple should post another statement.



A lawyer representing Apple said the firm could take a notice off its website in 24 hours but asked judges for 14 days to post a replacement.



Lord Justice Longmore told Michael Beloff QC: "We are just amazed that you cannot put the right notice up at the same time as you take the other one down."



And Sir Robin Jacob added: "I would like to see the head of Apple make an affidavit about why that is such a technical difficulty for the Apple company."



He told Mr Beloff: "I don't believe the instructions you have been given. This is Apple that cannot put something on their own website?"



Judges said Apple should post the notice within 48 hours.



They were hearing the latest stage of a legal dispute centred on computer technology produced by Apple and Samsung.



Apple had complained that the Samsung Galaxy Tab was too similar to its iPad.



But a judge at the High Court in London ruled in July that the Samsung Galaxy Tab was not "cool" enough to be confused with Apple's iPad.



In October, Apple failed to overturn that ruling in the Court of Appeal.



Lord Justice Longmore, Lord Justice Kitchin and Sir Robin Jacob upheld a decision by Judge Colin Birss QC, who had concluded that three Samsung Galaxy tablet computers did not infringe Apple's registered design.



Judge Birss had said: "They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool."



He had decided that consumers were not likely to get the two tablet computers mixed up.

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