Apple loses against Samsung on three of four patents

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

Apple loses against Samsung on three of four patents

The Federal Circuit has affirmed a lower court’s denial of a preliminary injunction against Samsung for products relating to three Apple patents, but said the court erred in its obviousness analysis regarding Apple’s design patent on the iPad

Apple had appealed a decision by the Northern District of California denying a preliminary injunction against Samsung regarding four iPhone and iPad-related patents.

While the Federal Circuit affirmed the denial on three patents (D593, 087; D618,677 and 7,469,381), the portion on the fourth patent (D504,889) was vacated and remanded due to the district court’s “legal error in one important respect”.

On remand, the district court must consider the two remaining questions on whether a preliminary injunction must be granted on patent 889: the balance of hardships to Apple and Samsung, and public interests.

In a smartphone and tablet war that transcends borders, this particular analysis centred on whether the design claimed in ‘889 would have been obvious to a designer of ordinary skill. For this, the district court relied on two prior art references – the 1994 Fidler Tablet and the TC1000 tablet by Hewlett-Packard Compaq.

Looking at the tablets’ symmetry and glass surface, the Federal Circuit found that a “side-by-side comparison of the two designs shows substantial differences in the overall visual appearance between the patent design and the Fidler reference”.

Samsung had contended that the district court correctly focused on the overall visual appearance rather than specific concepts that Apple pointed out.

“The district court’s error was to view the various designs from too high a level of abstraction,” the court said. “Fidler does not qualify as a primary reference simply by disclosing a rectangular tablet with four evenly rounded corners and a flat back.”

Morrison & Foerster represented Apple, while Quinn Emanuel Urquhart & Sullivan represented Samsung.

For more coverage, visit Managing IP's dedicated page.

more from across site and SHARED ros bottom lb

More from across our site

IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
Gift this article