The Court’s finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors.
The Court’s order is inconsistent with the Federal Circuit’s directive that market share losses must be substantial.
What Apple has not yet demonstrated, Samsung reckons, is that the substantial loss alleged is attributable to the feature said to have infringed. In this case, that’s technology covered by patent 8,086,604, “Universal interface for retrieval of information in a computer system,” which covers search and filtering systems.
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