Koh delivers blows for both Apple and Samsung

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

The Delhi High Court declined to stop Dr. Reddy’s from manufacturing Novo Nordisk’s drug, but will continue to hear the Danish company’s injunction application
More than 80 women have entered the top 250 list this year, which includes trailblazing practitioners from more than 50 jurisdictions
IP STARS, Managing IP’s accreditation title, reveals its latest trademark rankings and discloses which firms dominated their respective markets
Today’s rankings release marks a special moment in Managing IP’s calendar, and lawyers should feel proud of their achievements
A new dispute involving Mondelēz and Aldi, and a copyright ruling related to 'Eleanor’ Ford Mustangs were also among the top talking points this week
Via LA’s Qi wireless charging patent pool now covers more than 50% of all SEPs in the space
Vida Panganiban-Alindogan at SyCip Salazar Hernandez & Gatmaitan discusses IP valuation and why no IP practice area is more important than the other
The IP team at Morais Leitão discusses high-stakes litigation, strategic partnerships with clients, and bolstering cross-border expertise
Eszter Szakács discusses 5.30 am wake-ups, legal mind games, and eating Nutella in the middle of the night
Counsel explain how AI can create brand protection headaches, but also be used to fight fakes
Gift this article