Why Samsung's design infringement defence will fail: Reason number one - The prospect of a directed verdict looms large

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Why Samsung's design infringement defence will fail: Reason number one - The prospect of a directed verdict looms large

Even if Samsung’s counsel successfully persuades the jury that Samsung’s tablets do not infringe the D’889 design patent, there is a distinct likelihood that Koh will negate any such jury verdict and enter a so-called directed verdict of infringement (on a motion that Apple will undoubtedly bring)

Return to previous page

judge20koh.jpg

Motions for directed verdict (also known as motions for judgment as a matter of law (JMOL) are a procedural device expressly permitted under Rule 50 of the Federal Rules of Civil Procedure. The standard for granting a motion for a directed verdict (in the 9th Circuit where Judge Koh sits) is whether the evidence permits only one reasonable conclusion, and that conclusion is contrary to the jury’s verdict. (EEOC v Go Daddy Software, Inc [9th Cir 2009]). While directed verdicts are relatively uncommon because judges are reluctant to second guess a jury, given her statements to date on infringement regarding Samsung’s Galaxy 10.1 Tab, Koh may well exercise this super-charged trump card.

The reason for this prediction is nested in Judge Koh’s Order granting Apple’s Motion for Preliminary Injunction. There, in expressing her views that Samsung’s tablets infringe, she repeatedly opined that the Samsung Galaxy 10.1 Tab is “virtually indistinguishable” from Apple’s iPad. Indeed, Koh stated at the preliminary injunction hearing that the accused Galaxy 10.1 Tab ‘‘looks almost identical” to, and “looks virtually identical” to Apple’s iPad. Further yet, in pronouncing her conclusion that the test for design patent infringement was satisfied for purposes of granting a preliminary injunction, Koh stated that “Samsung appears to have created a [tablet] design that is likely to deceive an ordinary observer, ‘inducing him to purchase one supposing it to be the other’”.

Reason number two>>

more from across site and SHARED ros bottom lb

More from across our site

The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
The firm said major IP developments included advising on a ‘landmark’ deal involving green hydrogen production, as well as two major acquisitions
The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
Gift this article