Apple v. Samsung Injunction Ruling (July 2014)
In a matter widely covered in major media outlets, a federal judge in California again denied Apple, Inc.'s motion to obtain a permanent injunction against several smartphones and tablets marketed by Samsung Electronics, an Analysis Group client.
Managing Principals T. Christopher Borek and Lisa Pinheiro; Principals Jimmy Royer and Robert Vigil; and Vice Presidents John Browning and Anjali Oza led a team in support of expert Jerry Wind, professor of marketing at the University of Pennsylvania Wharton School. Professor Wind addressed Apple's survey analysis of consumer purchase decisions regarding touchscreen-related features claimed in three utility patents in the context of sales of infringing Samsung smartphones and tablets.
Citing Professor Wind's declaration in her decision, US District Judge Lucy Koh found that Apple's survey evidence "does not demonstrate the patented features' effect on the price of a product, nor does it prove that the patented features' effect on demand for the product is significant." Judge Koh also found that Apple failed "to prove a causal nexus between Samsung's infringement of Apple's patents and Apple's irreparable harm." Apple dropped a subsequent appeal of the ruling with the Federal Circuit Court of Appeals in Washington, DC.