Why Samsung's design infringement defence will fail: Reason number three: The Federal Circuit agrees with Koh

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

Why Samsung's design infringement defence will fail: Reason number three: The Federal Circuit agrees with Koh

The odds only get worse for Samsung in view of the fact that Koh’s finding of infringement already was up on appeal and was ultimately undisturbed by a three-judge panel at the Federal Circuit

The full Court of Appeals for the Federal Circuit

Return to previous page Indeed, one Federal Circuit judge, affirming Koh’s findings on infringement, wrote that the court’s “review leads to one firm conclusion – that an injunction as to the D’889 Patent should be entered, and should be entered now”.

It is certainly possible that new facts could have emerged since Koh last weighed in on infringement, and that those new facts could dislodge her from her previously stated position, but in view of the record to date, it would appear unlikely. After all, since her findings on infringement, Apple’s D’889 design patent hasn’t changed, nor has Samsung’s accused product. There is little room for Koh, and for that matter the Federal Circuit, to reverse course.

Reason number four>>

more from across site and SHARED ros bottom lb

More from across our site

After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
With patent filings stagnant, fewer clients litigating and market consolidation at play, Canadian firms are considering how to challenge the established players
IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Gift this article