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

Home-working and grace periods at IP offices have been announced, while Managing IP understands Iran’s IP office is out of service
With INTA 2026 just two months away, London-based IP practitioners offer tips on making the most out of the city
New platform, which covers SEPs for the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Flexible working firm continues trajectory from 2025 with appointment of Matthew Grant and Letao Qin
Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
Gift this article