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 2026

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

Cookies Settings

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

Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
Gift this article