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

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article