Apple's motion for a preliminaryinjuction, court's denial and federal circuit appellate opinion: Reasonable likelihood of Success

Apple’s Argument re Validity of D’087 Patent:

In Apple’s motion for a preliminary injunction, it grouped together the D’087, D’67 and D’889 patents in one section to discuss the likely validity of all three patents. Its arguments for validity were essentially the same for all three patents.

As you might remember, the validity section was fairly sparse, especially in terms of arguments specific to the D’087 patent. Apple emphasized that none of Samsung’s prior art posed a serious challenge to the novelty and non-obviousness of its patents. Moreover, Apple referred to media reports and consumer reviews of the iPhone to reinforce the fact that its design patents were new and non-obvious. Specifically with regards to the D’087 patent, Apple argued the patent had been found valid and enforceable by another court in a prior patent infringement suit. Accordingly, the other court findings provided additional support for its argument of likely validity.

The next blog will discuss the district court’s rejection of Apple’s argument. 

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