Why Samsung's design infringement defence will fail: The takeaway

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Why Samsung's design infringement defence will fail: The takeaway

In view of all the odds stacked against it, there can be little question that Samsung has an uphill battle with respect to its non-infringement case on its tablets, largely due to some crucial pre-trial rulings

Return to previous page

Christopher Carani, McAndrews Held & Malloy

Whether dealing with utility patents or design patents, this case serves as a reminder that pre-trial rulings can often be case determinative, or at least shine some light on where the case is headed. In design patent cases, because the ultimate question boils down to the degree of similarity between the patented design and the accused design, two pieces of information that remain the same whether at the beginning or end of a case, a court’s infringement finding on motions for preliminary injunction (albeit preliminary) can have a lasting effect – even potentially providing the foundation for a directed verdict. Here, Koh has made strong pronouncements regarding Samsung’s tablet infringement; it is hard to see how she can back away from those conclusions.

Samsung’s main lifeline would be to unearth and introduce close prior art designs. But here, due to an apparent failure to abide by discovery deadlines, the court is preventing Samsung from relying upon many of its best prior art references at the trial. Thus, this case also serves as a stark reminder of the drastic consequences that can arise when a party fails to meet discovery deadlines.


Christopher Carani is a shareholder at McAndrews Held & Malloy in Chicago.

more from across site and SHARED ros bottom lb

More from across our site

The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
Gift this article