미국 캘리포니아주 법원에서의 애플 v. 삼성 간의 침해금지 가처분 청구 소송 및 항소심 판결

Since Apple, Inc. filed at lawsuit against Samsung Electronics,Inc. alleging that the defendant infringed Apple’s rights in design patents, utility patents, trademarks and trade dresses, similar lawsuits have been filed in other major countries. On July 1, 2011, Apple moved for a preliminary injunction seeking to enjoin Samsung from making,using, or selling two of its smartphones and a tablet computer. The Federal District Court for the Northern District of California, after thoroughly reviewing arguments and evidences proffered by both parties, denied the motion for preliminary injunction, from which Apple immediately appealed. The Court of Appeals for the Federal Circuit affirmed the lower court’s denial of a preliminary injunction with respect to the design patents related to smartphones and vacated and remanded for further proceedings on the part related to the design patents related to iPad table computer. On the design patent related to smartphones (D’087), the appeals court reversed the lower court’s decision on the validity of the design patents but did not vacate the denial of preliminary injunction because it affirmed lower court’s finding that there was no irreparable harm from refusing preliminary injunction. On the design patent related to table computer (D’889), the appeals court reversed the lower court’s finding of invalidity of the design patent. Since it affirmed the lower court’s finding of the existence of irreparable harm, the appeals court remanded the case for further proceedings on the remaining elements necessary to be reviewed for decision on the preliminary injunction. The order by the lower court and the decision by the appeals court render guidance as to how product designs created under the minimalist design trends will be protected by the court, how the court will delineate the scope of design rights, and standards of determining the validity of designs and infringement.