One of the most powerful tools available to
patent owners is the injunction. An injunction can remove
competitive products from the marketplace and greatly increase a
patent owner's market share. Even in technology areas
where the product lifecycle is short, such as in consumer
electronics, the injunction can be a formidable weapon. The
Federal Circuit more clearly defined the factors that must be shown
in order for an injunction to issue in its May 14, 2012 decision in
Apple v. Samsung.
Apple has been unsuccessful so far in its quest to obtain an
injunction against Samsung's tablet and smartphone
products. On July 1, 2011, Apple brought suit against
Samsung, accusing Samsung's Infuse 4G, Galaxy S 4G, Droid
Charge and Galaxy Tab 10.1 products of variously infringing three
design patents and one utility patent. Apple requested a
preliminary injunction stopping Samsung's infringement.
The case was brought in the Northern District of California and
assigned to
