As we previously reported, Apple moved for an injunction to enjoin Samsung from infringing, contributing to the infringement, or inducing infringement of Apple’s U.S. Design Patent Nos. 604,305 and 618,677. The federal judge in the case, Judge Lucy Koh, however, denied Apple’s request for permanent injunction, allowing Samsung to continue selling products found to infringe Apple’s patents.
In a recent order, Judge Koh denied the request for permanent injunction, finding, inter alia, that Apple did not prove the causal nexus between infringement of its patents and irreparable harm alleged to have been suffered. That is, Apple did not show its lost sales were because Samsung infringed Apple’s patents.
According to FOSS Patents, Apple will undoubtedly appeal the decision denying permanent injunction to the Federal Circuit.
On the same day as denying Apple’s permanent injunction request, Judge Koh also issued an order denying Samsung’s motion for a new trial based on a juror misconduct claim. In their claim, Samsung moved for a new trial on the basis that the jury foreperson gave dishonest answers during voir dire and was actually biased against Samsung. The judge denied the claim because evidence concerning the standards applied during jury deliberation is barred by Federal Rule of Evidence 606(b).
On Thursday, December 20, 2012, as expected, Apple gave notice of appeal of Judge Koh's order denying the request for a permanent injunction.
As reported by USA Today, the notice indicates that Apple would be appealing the order along with "all other orders, rulings, findings, and conclusions underlying and related to that order."