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 2025

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

In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
An IP lawyer tasked with helping to develop Brownstein’s newly unveiled New York office is eyeing a measured approach to talent hunting
Amanda Griffiths, who will be tasked with expanding the firm’s trademark offering in New Zealand, says she hopes to offer greater flexibility to clients at her new home
News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Submit your nominations to this year's WIBL EMEA Awards by February 16 2026
Edward Russavage and Maria Crusey at Wolf Greenfield say that OpenAI MDL could broaden discovery and reshape how clients navigate AI copyright disputes
The UPC has increased some fees by as much as 32%, but firms and their clients had been getting a good deal so far
Meryl Koh, equity director and litigator at Drew & Napier in Singapore, discusses an uptick in cross-border litigation and why collaboration across practice areas is becoming crucial
Gift this article