KRATZ, QUINTOS & HANSON, LLP

IP Newsletter

IP NEWSLETTER VOL. VI, ISSUE NO.3

Volume VI, No. 3

A LESSON ON PRELIMINARY INJUNCTIONS AS PRESCRIBED IN THE RECENT U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT CASE OF: APPLE, INC. v. SAMSUNG ELECTRONICS CO., LTD.

by  Mel R. Quintos

 

On May 14, 2012, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the district court’s denial of Apple Inc.’s motion for a preliminary injunction with respect to each of the accused Samsung devices and three of the four asserted Apple patents. The preliminary injunction sought by Apple was to block the importation into and sale within the United States of certain accused Samsung devices.

 

The four patents asserted by Apple include: (1) U.S. Patent Design No. D618,677 (D’677), (2) U.S. Patent Design No. D593,087 (D’087), (3) U.S. Patent No. 7,469,381 (USP’381), and (4) U.S. Patent Design No. D504,889 (D’889).

 

Apple asserted that D’677 and D’087 are directed to designs that are generally embodied in Apple’s popular iPhone, and are infringed by Samsung’s Galaxy S 4G smartphone and Samsung’s Infuse 4G smartphone. Apple further asserted that D’889 is directed to the design of a tablet computer, and alleged that it is infringed by Samsung’s Galaxy Tab 10.1 tablet. Apple also asserted that it’s utility patent USP’381 claims a so-called “bounce-back” software feature found in Apple’s smartphones and tablets, such as the iPhone and the iPad.click here to read more