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

Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
IP firm leaders share why they remain positive in the face of falling patent applications from US filers, and how they are meeting a rising demand from China
The power of DEI to swing IP pitches is welcome, but why does it have to be left so late?
Mathew Lucas has joined Pearce IP after spending more than 25 years at Qantm IP-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
Gift this article