Apple's Motion for a Preliminary Injunction, Court's Denial, and Federal Circuit Appellate Opinion: Reasonable Likelihood of Success

Apple's Argument re Infringement of '381 Patent:

In order to demonstrate likelihood of success on the infringement topic, Apple needed to show that Samsung’s devices read on every single element of at least one of the ‘381 claims. To determine what the scope of the claim is, it is first necessary for the parties and the court to go through the claim construction process. Claim construction is the way in which the court defines the meaning of the terms that are in the claims. Both parties will submit briefs and declarations that support their respective ideas of how the terms should be defined. Then the court will decide how to interpret the terms.

Apple’s main infringement arguments were specifically detailed and argued in an expert’s declaration and exhibits. These documents were attached to Apple’s motion for a preliminary injunction. In the actual motion, Apple used a chart where one column contained the claim language and the second column just had text and images that showed how the Infuse 4G infringed on the claim. The Infuse 4G was used as just an example. According to Apple, the other three accused devices infringed the ‘381 in the exact same manner as the Infuse 4G. Per the district court opinion, the expert declaration Apple submitted had attached exhibits, some of which were video clips demonstrating how the four accused devices performed the same functions as those described in the ‘381 patent (Court Order Denying Motion for Preliminary Injunction at 55). It appears that the court found these video clips to be useful. Practitioners should take that into consideration while deciding how to present their claim construction arguments.

The next blog will discuss the court's decision on the likely infringement of the '381 patent.  Please see the previous post for more on this Preliminary Injunction.

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