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Showing posts from December, 2012

Samsung v Apple: the Reasons

In "Samsung v Apple: "Be you never so high ....." 2 Nov 2012 I discussed the hearing of Samsung's complaint that Apple had failed to comply with the Court of Appeal's publicity order.   The terms of that order and Apple's purported compliance with it are to be found at "Apple v Samsung - the Appeal" 26 Oct 2012. On the 2 Nov 2012 I promised to analyse the transcript should it ever be published.

The Court of. Appeal gave its reasons for the order that I had previously discussed in Samsung Electronics (UK) Ltd v Apple Inc (No. 3)  [2012] EWCA Civ 1430 (9 Nov 2012). I apologize for the 6 week delay between their publication and this analysis but my readers will learn very shortly that I have not exactly been idle during this time.

Samsung objected to Samsung's notice on the following grounds:First it argued that it was not open to Apple to break up the text ordered by the court by adding in the middle of it matter that had not been ordered. Secondl…