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APPLE, INC. v. SAMSUNG ELECTRONICS CO., LTD.

No. 2012-1105.

678 F.3d 1314 (2012)

APPLE, INC., Plaintiff-Appellant, v. SAMSUNG ELECTRONICS CO., LTD., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 14, 2012.

Attorney(s) appearing for the Case

Michael A. Jacobs, Morrison & Foerster LLP, of San Francisco, CA, argued for plaintiff-appellant. With him on the brief were Harold J. McElhinny, Grant L. Kim, Alison M. Tucher and Richard S.J. Hung; and Brian R. Matsui, of Washington DC.

Kathleen M. Sullivan, Quinn Emanuel Urquhart & Sullivan, LLP, of San Francisco, CA, argued for defendants-appellees. With her on the brief were Charles K. Verhoeven, Kevin P.B. Johnson, Victoria F. Maroulis and Michael T. Zeller. Of counsel were Kevin Alexander Smith; and William B. Adams, of New York, NY.

Opinion for the court filed by Circuit Judge BRYSON. Concurring in part and dissenting in part opinion filed by Circuit Judge O'MALLEY.

BRYSON, Circuit Judge.

This is an appeal from the denial of a preliminary injunction. While the appeal presents substantial issues of law and fact, the decision whether to issue a preliminary injunction is one that is committed to the discretion of the district court, which makes the appellant's task in overturning that decision a difficult one. With respect to three of the four patents at issue in this appeal, we conclude that the appellant has not satisfied its...

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