You know you're arrived in litigation when your ongoing dispute has its own hashtag. If Morrison Foerster's Michael Jacobs and Quinn Emanuel's Kathleen Sullivan didn't already know that they were big time, the fact that #AppSung keeps popping up on Twitter is confirmation of their legal rockstar status.
And Jacobs and Sullivan keep cranking out litigation hits.
Last week, the Federal Circuit Court of Appeals remanded a preliminary injunction on Samsung’s Galaxy Tab 10.1 back to District Judge Lucy Koh so she could consider Samsung’s motion to dissolve the injunction, reports Engadget. The ruling gives Samsung another chance to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent at issue in the injunction.
Apple won the preliminary injunction against Samsung in June after claiming that it would suffer “irreparable harm” if Samsung were allowed to sell the Galaxy Tab. In its lawsuit, Apple accused Samsung of “slavishly” copying its iPad in creating the Samsung Galaxy Tablet, and alleged a variety of patent infringements.
The Federal Circuit didn’t give Judge Koh directions on how to rule on the remand in its order last week, so it’s possible that the injunction will survive.
For the sake of IP lawyers in America, we hope that Apple and Samsung continue waging this patent infringement war for many years to come. If these two tech giants ever declare a
ceasefire truce, there will be widespread weeping and gnashing of teeth among patent lawyers who depend on the companies to meet their billable quotas.
- Apple v. Samsung (Federal Circuit Court of Appeals)
- Apple Gets Order Blocking Sales of the Samsung Galaxy Tab (FindLaw’s Courtside)
- Samsung Wants Apple Verdict Thrown Out, Claims Foreman Lied (FindLaw’s Technologist)