Further to our prior post concerning the recent CAFC Appeal Decision, on May 14, 2012, the Federal Circuit reversed and remanded the district court’s decision to deny a preliminary injunction to plaintiff Apple for its design patent D504,889 for a tablet.  The Federal Circuit affirmed the district court's decision denying a preliminary injunction with regard to two other design patents and a utility patent drawn to smartphones.

The dissent by circuit Judge O'Malley urged the majority to immediately enter a preliminary injunction for design patent D504,889.  The majority remanded the decision to the district court to complete the analysis of the balance of the hardship factors and the public interest factors, which were only performed for the smartphone patents by the district court.  The dissent argues that these factors favor Apple with respect to the tablet patent D504,889, and that this analysis should not be remanded to the district court, as the delay would further prejudice Apple.  In particular, Judge O'Malley stated on p. 2 of the dissent that:


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In December, 2011, Apple appealed Judge Lucy Koh's denial of a preliminary injunction in the pending lawsuit in the U.S. District Court for the Northern District of California with respect to four Apple patents:

D618,677, which is alleged to be infringed by Samsung's Infuse 4G and Galaxy S 4G smartphones;


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Dyson, Inc. filed suit against Cornucopia Products in the District of Arizona to enforce design and utility patents directed to a bladeless fan.  The design patents at issue, D602,143 and D605,748, both claim the ornamental design for a fan, as shown to the right.  The D142 patent claim includes a cylindrical base, whereas the D748 claim is not limited by a base.


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FOSS Patents has published a list of the 50+ pending Apple-Samsung lawsuits spanning the globe.  Although the timely resolution of so many lawsuits may require divine intervention, Judge Lucy Koh (who is presiding over the lawsuits in the Northern District of California) "ordered the parties to comment on their availability for an Alternative Dispute Resolution (ADR) effort," as reported by FOSS Patents.  As a result of Apple's and Samsung's responses, U.S. Magistrate Judge Spero will now preside over a settlement conference on May 21-22, 2012, in San Francisco.




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Wal-Mart and Oakley were among the parties to 8 newly-filed cases and 5 closed cases involving design patents during the two-week period of April 9-20, 2012.  A tabulated summary of these cases is posted here.  Some cases that we found particularly interesting are mentioned below.

Oakley, Inc. filed suit against Great L&H Trading, Inc. in the Central District of California alleging infringement of eyewear design and utility patents.  On the same day, Great L&H Trading filed a corresponding declaratory judgment action in the Southern District of New York.  This new case follows other Oakley eyewear design infringement suits that we previously reported on 02/10/12, 02/16/12, and 03/12/12.  Links to the patents at issue in this case are listed below.


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