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IP News

By Howard J. Shire and Daniel Shea
April 01, 2016

On Feb. 26, 2016, a Federal Circuit panel of Chief Judge Prost and Circuit Judges Dyk and Reyna issued a unanimous opinion, authored by Judge Dyk, in Apple Inc. v. Samsung Electronics Co., Ltd., Case Nos. 2015-1171, 2015-1195, and 2015-1994. This is the third appeal of the case heard by the Federal Circuit. In this appeal, the Federal Circuit confronts the core infringement and invalidity issues. The panel reversed the district court's denial of JMOL of non-infringement of Apple's '647 patent, reversed the district court's denial of JMOL of invalidity of Apple's '721 and '172 patents, affirmed the district court's judgment of non-infringement of Apple's '959 and '414 patents, affirmed the district court's judgment of infringement of Samsung's '449 patent, and affirmed the district court's judgment of non-infringement of Samsung's '239 patent.

The Apple '647 Patent

Apple asserted claim 9 of the '647 patent, and the jury found that Samsung infringed, awarding Apple $98,690,625. Samsung moved for JMOL of non-infringement, which was denied. Claim 9 of the Apple '647 patent depends on claim 1, which “discloses a system for recognizing certain structures (such as a telephone number) on a touchscreen and then linking certain actions (such as calling the telephone number) to the structure.” Apple Inc. v. Motorola, Inc., 757 F.3d 1286, 1304 (Fed. Cir. 2014) (Motorola).

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