Apple's Main Argument in '381 Patent Case

Apple’s main argument in support of the likely validity of its ‘381 patent was that the patent had survived a PTO re-examination. In prior litigation against Nokia, the PTO re-examined the ‘381 patent claims against all of the prior art that Nokia had asserted would invalidate the patent. However, the PTO confirmed the ‘381 patent claims during re-exam. Since the patent survived re-exam, Apple argued that it would be likely to defeat any of Samsung’s validity challenges. Case law supports Apple’s argument.

Apple cited to an unreported case to support its proposition that “grant of reexamination certificate supports clear case of validity for preliminary injunction” (Apple’s Motion for a Preliminary Injunction at 23). Other cited case law also referred to the fact that successful re-exam of a patent helped establish likely validity for preliminary injunction determinations.

Please see the previous post Tracking Apple's '381 Patent Infringement Case for more on this topic.

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