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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.

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