Apple loses against Samsung on three of four patents

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

Apple loses against Samsung on three of four patents

The Federal Circuit has affirmed a lower court’s denial of a preliminary injunction against Samsung for products relating to three Apple patents, but said the court erred in its obviousness analysis regarding Apple’s design patent on the iPad

Apple had appealed a decision by the Northern District of California denying a preliminary injunction against Samsung regarding four iPhone and iPad-related patents.

While the Federal Circuit affirmed the denial on three patents (D593, 087; D618,677 and 7,469,381), the portion on the fourth patent (D504,889) was vacated and remanded due to the district court’s “legal error in one important respect”.

On remand, the district court must consider the two remaining questions on whether a preliminary injunction must be granted on patent 889: the balance of hardships to Apple and Samsung, and public interests.

In a smartphone and tablet war that transcends borders, this particular analysis centred on whether the design claimed in ‘889 would have been obvious to a designer of ordinary skill. For this, the district court relied on two prior art references – the 1994 Fidler Tablet and the TC1000 tablet by Hewlett-Packard Compaq.

Looking at the tablets’ symmetry and glass surface, the Federal Circuit found that a “side-by-side comparison of the two designs shows substantial differences in the overall visual appearance between the patent design and the Fidler reference”.

Samsung had contended that the district court correctly focused on the overall visual appearance rather than specific concepts that Apple pointed out.

“The district court’s error was to view the various designs from too high a level of abstraction,” the court said. “Fidler does not qualify as a primary reference simply by disclosing a rectangular tablet with four evenly rounded corners and a flat back.”

Morrison & Foerster represented Apple, while Quinn Emanuel Urquhart & Sullivan represented Samsung.

For more coverage, visit Managing IP's dedicated page.

more from across site and SHARED ros bottom lb

More from across our site

A $110 million US verdict against Apple and an appellate order staying a $39 million trademark infringement finding against Amazon were also among the top talking points
Attorneys are watching how AI affects trademark registrations and whether a SCOTUS ruling from last year will have broader free speech implications
Patent lawyers explain why they will be keeping an eye on the implications of a pharma case and on changes at the USPTO in the second half of 2025
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
Gift this article