Koh delivers blows for both Apple and Samsung

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

Koh delivers blows for both Apple and Samsung

Judge Lucy Koh last night denied Apple’s request for a preliminary injunction against certain Samsung products, but also refused to grant Samsung a new trial, marking both wins and losses for both companies

Koh explained in a 65-page decision yesterday that Apple failed to establish irreparable harm from infringement of its patent numbers 7,469,381, 7,844,915, 7,864,163, D604,305, D593,087, and D618,677. The ruling means that eight of Samsung’s smartphones will not be removed from shelves. The most important of these is the Samsung Galaxy S III, which has recently outsold Apple’s iPhone.

galaxy20s20iii.jpg

Florian Mueller of Foss Patents said that the ruling should have been a bit more favourable to Apple, but that even under the correct analysis of market dynamics “Apple wouldn't have won a ruling that would have been devastating to Samsung”.

However, in a separate decision, Koh also denied Samsung’s request for a new trial on the grounds of juror misconduct. Following the August jury verdict awarding $1 billion in damages to Apple, Samsung learned that the jury foreman, Velvin Hogan, had been sued by his former employer, Seagate, which Samsung has an ownership stake in.

But Koh said in a 20-page order last night that Samsung acted too late. “Despite learning through the Court’s initial questioning that Mr. Hogan had once been employed by Seagate, Samsung’s counsel failed to ask any follow-up questions regarding that relationship,” wrote Koh.

She added that, even when Samsung’s counsel was given 20 minutes to ask the prospective jurors any additional questions, he “questioned Mr. Hogan only about his patents and his hobbies, and did not take the opportunity to delve into the nature of his relationship with Seagate”.

Koh continued: “The judicial system can ask no more of jurors than that they do their best to apply the law as they are instructed. Samsung also praised the jury for ruling for Samsung on Apple’s breach of contract and antitrust claims. Samsung cannot credibly claim that the jury’s conduct was simultaneously worthy of such great praise and so biased as to warrant a new trial.”

Koh must still rule on several post-trial motions in the case.

more from across site and SHARED ros bottom lb

More from across our site

Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
Sponsored by Licks Attorneys
Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants
Sponsored by Liu, Shen & Associates
Chunyu Cui and Ziqing Wu of Liu, Shen & Associates say recent trends in China’s intellectual property courts indicate alignment with international standards and send a clear signal to the global market
Gift this article