Apple May Still Win a Permanent Injunction Against Infringing Samsung Products
Apple has been deemed "reasonably likely" to win a permanent injunction against infringing Samsung products after all.
This new assessment comes largely in response to a recent decision reached by the U.S. Court of Appeals for the Federal Circuit. The court's three-judge panel ruled on a mater pertaining to patent litigation regarding snowplows (Douglas Dynamics, LLC v. Buyers Products Company). In this matter, the judges directed the district court to proceed with granting a permanent injunction - precisely what it had previously declined to do.
The Apple vs. Samsung case displays so many striking similarities to the participants in the snowplow case that Florian Mueller of FOSS Patents expects a favorable outcome for Apple in its respective skirmish.
Last winter, as some will recall, District Court Judge Lucy Koh rejected Apple's request for injunction against various Samsung devices that were allegedly in violation of Apple patents. In effect, Koh shot down Apple's bid to permanently prohibit sales of more than two dozen Samsung products - the same products that a jury found to have infringed upon Apple's patents.
Not only does Mueller believe that Koh's rejection of Apple's injunction request will be overturned, so does Apple. The company has just filed am appeal with the Federal Circuit that specifically references the Douglas Dynamics decision.
"Douglas Dynamics is an enormous boost for Apple's aspirations to win an injunction against Samsung, not only over the multiplicity of intellectual property rights a federal jury found infringed last summer but also with a view to next year's trial over other (generally more impactful) patents, where Apple may very well obtain additional infringement findings based on recent claim construction results," Mueller observes. "And it's not just about the patents Apple asserts in court. The availability of injunctive relief is going to have a major impact on the terms of the settlement that Apple and Samsung will for sure reach at some point, though no one knows when. Judge Koh always urged them to settle, but if she had adjudged Apple's injunction request differently, we might already have seen a settlement. Now it's up to the Federal Circuit, whose Chief Judge has just taken a number of positions that are fantastic for Apple's strategic purposes."
Source: FOSS Patents