Apple Inc. v. Samsung Electronics Co., Ltd.
APPLE INC., a California Corporation, Plaintiff-Appellant v. SAMSUNG ELECTRONICS CO., LTD., a Korean Corporation, Samsung Electronics America, Inc., a New York Corporation, Samsung Telecommunications America, LLC, a Delaware Limited Liability Company, Defendants-Appellees
Attorneys
William F. Lee, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, argued for plaintiff-appellant. Also represented by Sarah R. Frazier, Lauren B. Fletcher, Richard Wells OāNeill, Mark Christopher Fleming, Andrew J. Danford; James Quarles, III, Thomas Gregory Sprankling, Washington, DC; Mark D. Selwyn, Palo AĆto, CA; Rachel Krevans, Christopher Robinson, Nathaniel Bryan Sabri, Morrison & Foerster, LLP, San Francisco, CA; Erik Jeffrey Olson, Palo Alto, CA., Kathleen M. Sullivan, Quinn Emanuel Urquhart & Sullivan, LLP, New York, N.Y., argued for defendant-appellees. Also represented by William Adams; Brian Cosmo Cannon, Victoria Fishman Mar-oulis, Kevin P.B. Johnson, Redwood Shores, CA; Scott L. Watson, Michael Thomas Zeller, John B. Quinn, Los Ange-les, CA; Kevin Alexander Smith, San Francisco, CA., Mike McKool, McKool Smith, P.C., Dallas TX, for amicus curiae Ericsson Inc. Also represented by Theodore Stevenson, III; John Bruce Campbell, Joel Lance Thollander, Austin, TX., John D. Haynes, Alston & Bird LLP, Atlanta, GA, for amici curiae Nokia Corporation, Nokia USA, Inc. Also represented by Patrick J. Flinn; Ryan W. Koppelman, East Palo, CA., Matthew Schruers, Computer & Communications Industry Association, Washington, DC, for amicus curiae Computer & Communications Industry Association., Joseph Carl Cecere, Jr., Cecere PC, Dallas, TX, for amicus curiae The National Black Chamber of Commerce., Kevin McGann, White & Case LLP, New York, N.Y., for amici curiae Google Inc., HTC Corporation, HTC America, Inc., LG Electronics, Inc., Rackspace Hosting, Inc., Red Hat, Inc., SAP America, Inc., Lenovo, Inc., eBay, Inc., ASUSTeK Computer Inc., Facebook, Inc., Newegg Inc. Also represented by Christopher J. Glancy; Warren S. Heit, Palo Alto, CA., Kimberly N. Brown, Chevy Chase, MD, for amici curiae Michael J. Santorelli and Charles M. Davidson., Charles Duan, Public Knowledge, Washington, D.C., for amici curiae Public Knowledge and Electronic Frontier Foundation.
Full Opinion (html_with_citations)
Opinion for the court filed by Circuit Judge MOORE, in which Circuit Judge REYNA joins.
Concurring opinion filed by Circuit Judge REYNA.
Dissenting opinion filed by Chief Judge PROST.
Apple Inc. appeals from an order of the district court denying Appleās request for a permanent injunction against Samsung Electronics Company, Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC (collectively, āSamsungā). We vacate and remand for further proceedings.
Background
In 2007, Apple introduced the iPhone, revolutionizing the cell phone market. To develop the iPhone, Apple invested billions of dollars over several yearsāinvestment that came with significant risk. J.A. 10424-26, 10585-98. Indeed, Apple executives referred to the iPhone as a āyou bet your companyā product because of the uncertainty associated with launching an untested product line in a new market. J.A. 10425-26, 10451-52.
To protect the inventions developed as a result of this investment, Apple applied for and received patents covering much of the innovative technology incorporated into the iPhone. Appleās patents are numerous and include U.S. Patent Nos. 5,946,647; 8,046,721; and 8,074,172, the patents at issue in this appeal. Claim 8 of the '721 patent claims a touchscreen device that unlocks when the user makes contact with an āunlock imageā and moves that image to a second, predefined location. '721 patent col. 19 l. 51-col. 20 l. 12. Although seemingly straightforward, Apple considered this feature so core to the Apple iPhone user experience that it opened the first iPhone ad with imagery illustrating the operation of this āslide to unlockā feature. J.A. 10438-34, 21014. Claim 9 of the '647 patent claims a system that detects ādata structuresā within text and generates links to specific actions that can be performed for each type of detected structure ā for example, detecting a phone number in a text message and creating a link that would allow the user to dial the phone number or store it in an address book. '647 patent col. 7 ll. 52-54, fig. 7. And claim 18 of the '172 patent claims a method for automatically correcting spell
The iPhone was undisputedly successful. After its release, reviewers praised a number of features on the iPhone, including its multitouch screen, software, ease of use, and overall user experience. Trial Transcript Day 2 at 436-40, Apple, Inc. v. Samsung Elecs. Co., No. 12-CV-00630-LHK (N.D. Cal. 2014) (No. 1622). Other companies followed. Samsung, in particular, developed competing smartphones. Internal Samsung documents show that Samsung āpaid close attention to, and tried to incorporateā some of Appleās patented technology, which was āindicative of copying by Samsung.ā Apple, Inc. v. Samsung Elecs. Co., No. 12-CV-00630-LHK, 2014 WL 7496140, at *14 (N.D.Cal. Aug. 27, 2014) (āInjunction Order ā). Today, Apple and Samsung are fierce competitors in the smartphone and tablet market. Id. at *8.
The instant appeal springs from a suit filed by Apple against Samsung in February 2012 alleging infringement of five patents directed to smartphone and tablet interfaces, including the '721 patent, the '647 patent, and the '172 patent. The district court held on summary judgment that Samsung infringed the '172 patent. The case proceeded to trial, and a jury found that nine Samsung products infringed one or both of Appleās '647 and '721 patents. The jury awarded Apple a total of $119,625,000 for Samsungās infringement of the three patents.
Following the verdict, Apple filed a motion seeking a permanent injunction that would bar Samsung from, inter alia, making, using, selling, developing, advertising, or importing into the United States software or code capable of implementing the infringing features in its products. That is, Apple did not seek to enjoin Samsungās infringing smartphones and tablets, but only the infringing features. Moreover, Appleās proposed injunction included a 30-day āsunset periodā that would stay enforcement of the injunction until 30 days after it was entered by the district court, during which Samsung could design around the infringing features. This āsunset periodā coincided with Samsungās representations at trial that it could remove the infringing features from its products quickly and easily. Injunction Order at *20-22.
Despite the narrowness of Appleās proposed injunction, the district court denied Appleās motion, finding that Apple had not shown that it would suffer irreparable harm without an injunction. Id. at *23. Predicated entirely on this finding, the district court reasoned that Apple could not establish that monetary damages were inadequate. Id. at *19. Although the district court found that the public interest favored Appleās request and that the narrowness of Appleās proposed injunction tilted the balance of hardships in Appleās favor, it determined that these factors did not overcome Appleās lack of irreparable harm. Id. at *23. Apple appealed. We have jurisdiction under 28 U.S.C. § 1295(a)(1).
Discussion
The Patent Act provides a patentee with the āright to exclude others from making, using, offering for sale, or selling the [patented] invention.ā 35 U.S.C. § 154(a)(1). This right has its roots in the U.S. Constitutionās Intellectual Property Clause, which refers to inventorsā āexclusive Right to their respective ... Discoveries.ā U.S. Const. art. I, § 8, cl. 8. In furtherance of this right to exclude, district courts āmay grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.ā 35 U.S.C. § 283. ā[N]ot surprisingly], given
A party seeking a permanent injunction must demonstrate:
(1) that it has suffered an irreparable injury;
(2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.
Id. at 391, 126 S.Ct. 1837 (majority opinion). The decision to award or deny permanent injunctive relief lies within the equitable discretion of the district court; these traditional equitable principles do not permit the adoption of ācertain expansive principles suggesting that injunctive relief could not issue in a broad swath of cases.ā Id. at 391, 393, 126 S.Ct. 1837. The district courtās decision is reviewable for abuse of discretion. Id. at 391, 126 S.Ct. 1837. A court abuses its discretion when it āma[kes] a clear error of judgment in weighing relevant factors or exereise[s] its discretion based upon an error of law or clearly erroneous factual findings.ā Innogenetics, N.V. v. Abbott Labs., 512 F.3d 1363, 1379 (Fed.Cir.2008). We review the district courtās conclusion as to each eBay factor for abuse of discretion and its underlying factual findings for clear error. i4i Ltd. Pāship v. Microsoft Corp., 598 F.3d 831, 861 (Fed.Cir.2010).
A. Irreparable Harm
To satisfy the first eBay factor, the patentee must show that it is irreparably harmed by the infringement. This requires proof that a ācausal nexus relates the alleged harm to the alleged infringement.ā Apple Inc. v. Samsung Elecs. Co., 695 F.3d 1370, 1374 (Fed.Cir.2012) (āApple II ā). This just means that there must be proof that the infringement causes the harm.
Apple argued to the district court that it was irreparably harmed by Samsungās infringement due to damage to its reputation as an innovator, lost market share, and lost downstream sales. Injunction Order at *6, *11. The district court rejected Appleās arguments regarding irreparable harm and found that Apple had not shown that a causal nexus connected Samsungās infringement to these alleged injuries. Id. at *8-9, *11-16. On appeal, Apple argues that the district court erred in a number of ways with respect to this eBay factor. First, Apple argues that the court should not have required Apple to prove that a causal nexus linked Samsungās infringement to Appleās harms because Appleās proposed injunction was limited to the infringing features alone, not the products as a whole. Apple also argues that the court erred when it found that Apple did not suffer irreparable harm stemming from its sales-based losses and from harm to its reputation as an innovator due to Samsungās infringement. We address each of Appleās arguments in turn.
1. Causal Nexus Requirement
Apple claims that ā[t]he purpose and substance of the causal nexus requirement are necessarily satisfied in this circumstance because there is no risk that Apple might be āleveraging its patent for competitive gain beyond that which the
Apple misunderstands the purpose of the causal nexus requirement. Although we stated in Apple II that the causal nexus requirement āinforms whether the patenteeās allegations of irreparable harm are pertinent to the injunctive relief analysis, or whether the patentee seeks to leverage its patent for competitive gain beyond that which the inventive contribution and value of the patent warrant,ā this statement was incomplete. Apple II, 695 F.3d at 1375. The causal nexus requirement ensures that an injunction is only entered against a defendant on account of a harm resulting from the defendantās wrongful conduct, not some other reason. For example, it ensures that an injunction is not entered on account of āirreparable harm caused by otherwise lawful competition.ā Apple III, 735 F.3d at 1361. Whether a patenteeās irreparable harm stems from infringement of its patents is entirely independent of the scope of the proposed injunction.
And while, in the past, we have only had occasion to require proof of causal nexus for product-based injunctions, we have also rejected Appleās argument that narrowing the proposed injunction can eliminate the causal nexus requirement. In Apple III, we explained that, while narrowing a proposed injunction by delaying it so that the infringer could design around the infringing features would make it āmore likely to prevent only infringing features rather than the sale of entire products,ā it did not āshow that the patentee is irreparably harmed by the infringement.ā Id. at 1363 (emphasis in original). The same is true here. That Appleās proposed injunction applies only to infringing features says nothing about whether Apple is irreparably harmed by Samsungās infringement. The purpose of the causal nexus requirement is to establish the link between the infringement and the harm, to ensure that there is āsome connectionā between the harm alleged and the infringing acts. Id. at 1364. Thus, a causal nexus linking the harm and the infringing acts must be established regardless of whether the injunction is sought for an entire product or is narrowly limited to particular features.
To be sure, the scope of an injunction plays a role in determining whether that injunction is awarded. For example, it is crucial when considering the final two factors of the eBay test. Here, the district court did not err by requiring Apple to satisfy the causal nexus requirement to show irreparable harm.
2. Sales-Based Harm
Apple argues that the district court erred in finding that Apple did not suffer irreparable harm due to lost market share and lost downstream sales stemming from Samsungās infringement. The district court noted that it was undisputed that Apple lost market share and downstream sales to Samsung. Injunction Order at *11. It was also undisputed that āApple and Samsung compete directly in the market for smartphones and tabletsā and that āthis competition affects [Appleās] down
Despite these findings, the district court found that Apple failed to demonstrate irreparable harm due to lost sales because it failed to show a causal nexus between the infringement and the lost sales. That is, according to the district court, Apple did not show that the infringing features ādrive consumer demand for Samsungās infringing products.ā Id. at *13. Here, the district court erred.
When a patentee alleges it suffered irreparable harm stemming from lost sales solely due to a competitorās infringement, a finding that the competitorās infringing features drive consumer demand for its products satisfies the causal nexus inquiry. In that case, the entirety of the patenteeās alleged harm weighs in favor of injunctive relief. Such a showing may, however, be nearly impossible from an evidentiary standpoint when the accused devices have thousands of features, and thus thousands of other potential causes that must be ruled out. Nor does the causal nexus requirement demand such a showing. Instead, it is a flexible analysis, as befits the discretionary nature of the four-factor test for injunctive relief. We have explained that proving a causal nexus requires the patentee to show āsome connectionā between the patented features and the demand for the infringing products. Apple III, 735 F.3d at 1364.
The right to exclude competitors from using oneās property rights is important. And the right to maintain exclusivity ā a hallmark and crucial guarantee of patent rights deriving from the Constitution itself ā is likewise important. āExclusivity is closely related to the fundamental nature of patents as property rights.ā Douglas Dynamics, 717 F.3d at 1345. And the need to protect this exclusivity would certainly be at its highest when the infringer is oneās fiercest competitor. Essentially barring entire industries of patenteesā like Apple and other innovators of many-featured products ā from taking advantage of these fundamental rights is in direct contravention of the Supreme Courtās approach in eBay. 547 U.S. at 393, 126 S.Ct. 1837 (ā[E]xpansive principles suggesting that injunctive relief could not issue in a broad swath of cases ... cannot be squared with the principles of equity adopted by Congress.ā).
The district court thus erred when it required Apple to prove that the infringing features were the exclusive or predominant reason why consumers bought Samsungās products to find irreparable harm. See Apple III, 735 F.3d at 1364 (explaining that ā[c]onsumer preferences are too complex ā and the principles of equity are too flexibleā for a patentee to have to show that. patented features are the āone and only reason for consumer demandā). Instead, the district court should have considered whether there is āsome connectionā between the patented features and the demand for Samsungās products. Id. That is, the district court should have required Apple to show that the patented features impact consumersā decisions to purchase the accused devices. Id. (explaining that causal nexus can be shown with evidence that āa patented feature is one of several features that cause consumers to make their purchasing decisionsā).
The record here establishes that these features do influence consumersā perceptions of and desire for these products. The district court wrote that there was evidence that Samsung valued the infringing features, including evidence that Samsung āpaid close attention to, and tried to incorporate, certain iPhone features,ā which was āindicative of copying.ā Injunction Order at *14. This included evidence that Samsung had copied the āslide to unlockā feature claimed in the '721 patent, such as āinternal Samsung documents showing that Samsung tried to create unlocking designs based on the iPhone,ā id. (citing PX119 (J.A. 20197), PX121 (J.A. 20274, 20347)); testimony from a Samsung engineer about āthe value of designs for unlocking,ā id. (citing Tr. at 1729:3-11 (J.A. 11735:3-11)); and āSamsung e-mails noting that certain carriers disapproved of the noninfringing ācircle lockā alternative,ā id. (citing PX181 at 5 (J.A. 21019)). The district court also noted that the jury found that Samsung willfully infringed the '721 patent. Id. For the '647 patent, evidence of copying included āan internal Samsung report that shows iPhone screens and notes the ā[n]eed to improve usability by providing Links for memo contents,ā ā id. (citing PX146 at 37 (J.A. 20584)), and āan internal Samsung document that copied a figure from the publication of one of the '647 patentās inventors,ā id. (citing PX107 at 52 (J.A. 20063)); see also J.A. 20003 (inventorās publication). And for the '172 patent, Apple presented evidence that users criticized Samsungās noninfringing keyboards and word-correction designs. Injunction Order at *14 (citing PX168 at 4 (J.A. 20985), PX169 at 4 (J.A. 21006),
While the evidence that Samsungās employees believed it to be important to incorporate the patented feature into Samsungās products is certainly relevant to the issue of nexus between the patent and market harm, it is not dispositive. That is because the relevant inquiry focuses on the objective reasons as to why the patentee lost sales, not on the in-fringerās subjective beliefs as to why it gained them (or would be likely to gain them).
Apple I, 678 F.3d at 1327-28.
The district court was correct that evidence of copying does not, by itself, establish a causal nexus. But that does not make the evidence wholly irrelevant. Here, too, we must avoid categorical rules. Where the precise question is about consumer preferences and buying choices, the strength and weight to be given to such evidence is to be determined on a case-by-case basis based on what the evidence indicates. Sometimes this evidence will have little or no probative value, for example, if the record contains evidence that the infringerās belief may be at odds with consumer preferences. But here, Appleās evidence of copying established a further link between Appleās and Samsungās subjective beliefs and consumersā perceptions, thereby strengthening a causal nexus and irreparable harm to Apple. The dissent criticizes Appleās evidence of copying as ālack[ing] any connection to the critical details that define the patented features.ā Dissent at 661. The district court made no such findings. Injunction Order at *14. The district court acknowledged that Apple presented evidence that carriers ('721 patent) and users (ā172 patent), not just Samsung, preferred and valued the infringing features and wanted them in Samsung phones. Id. It also acknowledged that Apple presented evidence that carriers or users disapproved of Samsungās alternative to the infringing features. The court failed to appreciate, however, that this evidence did not just demonstrate that Samsung valued the patented features, but also that its carriers or users valued the features. The district court further correctly concluded that the '721 patentās features are valuable to Appleās consumers. Id. at *15. It was legal error for the district court to reject such strong evidence in this case because Apple presented evidence showing that Samsungās subjective beliefs are indicative of consumersā perceptions of the infringing features. Given the strength of the evidence of copying and Samsungās professed belief in the importance of the patented features as a driver of sales, and the evidence that carriers or users also valued and preferred phones with these features, the district court erred by disregarding this evidence, which further establishes a causal nexus and Appleās irreparable harm. .
In short, the record establishes that the features claimed in the '721, '647, and '172 patents were important to product sales and that customers sought these features in the phones they purchased. While this evidence of irreparable harm is not as strong as proof that customers buy the infringing products only because of these particular features, it is still evidence of causal nexus for lost sales and thus irreparable harm. Apple loses sales because Samsung products contain Appleās patented features. The district court therefore erred as a matter of law when it required Apple to show that the infringing features were the reason why consumers purchased the accused products. Apple does not need to establish that these features are the reason customers bought Samsung phones instead of Apple phones ā it is enough that Apple has shown that these features were related to infringement and were important to customers when they were examining their phone choices. On this record, applying the correct legal standard for irreparable harm, Apple has established irreparable harm. The strength of its evidence of irreparable harm goes to this factorās weight when assessing the propriety of the injunction. Apple established that customers wanted, preferred, and would pay extra for these features. Apple established that Samsung believed these features were important and copied them. The evidence establishes that Samsungās carriers and users wanted these features on phones. The evidence establishes that Apple believed these features were important to customer demand. The evidence establishes that Samsung was Appleās biggest rival, its fiercest competitor. It was clear error in the face of this evidence for the district court to conclude that Apple failed to establish āsome connectionā between the patented features and demand for the infringing products. Apple did not establish that these features were the exclusive driver of customer demand, which certainly would have weighed more heavily in its favor. Apple did, however, show that āa patented feature is one of several features that cause consumers to make their purchasing decisions.ā Apple III, 735 F.3d at 1364. We conclude that this factor weighs in favor of granting Appleās injunction.
B. Inadequate Remedy at Law
The second eBay factor is whether āremedies available at law, such as monetary damages, are inadequate to compen
The district court found that Appleās sales-based losses were difficult to quantify. Injunction Order at *18. In support, the district court cited testimony by Mr. Phil Schiller, an Apple marketing executive; testimony by Appleās damages expert; and its own past findings on the subject in the context of the Apple-Samsung litigation. Id. at *17. We agree with the district courtās analysis. Sales lost by Apple to Samsung are difficult to quantify due to the āecosystem effectā ā that is, the effect the sale of a single product can have on downstream sales of accessories, computers, software applications, and future smartphones and tablets. Id.; see also J.A. 10449-50. In addition to the downstream sales to the individual customer, Mr. Schiller testified that individual customers have a ānetwork effect,ā by which they advertise Appleās product to their friends, family, and colleagues. J.A. 10449-50. Thus, the loss by Apple of a single smartphone or tablet customer may have a far-reaching impact on Appleās future revenues. Because of its variable and uncertain nature, this loss is very difficult to calculate.
Despite its finding that Appleās sales-based losses were difficult to quantify, the district court nonetheless found that this factor weighed against injunctive relief based on its determination that Apple had failed to establish any irreparable harm. Injunction Order at *19. Apple argues that if we reverse the court on that point, this factor will also tip in its favor. We agree. Because we find the district courtās finding that Apple did not suffer any irreparable harm stemming from its losses of sales was predicated on a legal error, it also erred when it found that this factor weighs against an injunction. This factor strongly weighs in favor of Apple because, as the district court found, the extent of Appleās downstream and network effect losses are very difficult to quantify.
C. ' Balance of Hardships
To satisfy the third eBay factor, the patentee must show that the balance of hardships weighs in its favor. 547 U.S. at 391, 126 S.Ct. 1837. This factor āassesses the relative effect of granting or denying an injunction on the parties.ā i4i, 598 F.3d at 862. Because āAppleās proposed injunction targets only specific fĆ©atures, not entire productsā and contains a 30-day āsunset provision,ā Injunction Order at *20-21, and because āSamsung repeatedly told the jury that designing around the asserted claims of the three patents at issue would be easy and fast,ā id. at *22, the district court found' that Samsung would ānot face any hardshipā from Appleās proposed injunction, id. at *19. The court, reasoning that ārequiring a patentee to ācompete against its own patented invention ... places a substantial hardshipā on the patentee,ā found that Apple would suffer hardship without an injunction. Id. at *22 (quoting Robert Bosch LLC v. Pylon Mfg. Corp., 659 F.3d 1142, 1156 (Fed.Cir.2011)). The court therefore found that this factor weighed in Appleās favor. We agree. This factor strongly favors granting Apple the relief requested.
Samsung argues that the district court erred in finding the balance of hardships favors the entry of an injunction. It argues that Apple will not suffer any hardship in the absence of an injunction because the patented features are minor components in a complex device. Samsung argues that it and its carriers, retailers, and customers would suffer substantial hardship if an injunction issued, particularly because the proposed injunction would extend to unadjudicated products with software that is ācapable of im
The district court did not abuse its discretion in finding the balance of hardships favors an injunction; to the contrary, this factor strongly weighs in favor of an injunction. Samsungās infringement harmed Apple by causing lost market share and lost downstream sales and by forcing Apple to compete against its own patented invention, which āplaces a substantial hardshipā on a patentee, especially here where it is undisputed that it is essentially a two-horse race. Bosch, 659 F.3d at 1156. Furthermore, as the district court found, Appleās proposed injunction was narrowly tailored to cause no harm to Samsung other than to deprive it of the ability to continue to use Appleās patented features. Injunction Order at *21-22. The court has overseen the Apple-Samsung litigation from the beginning and has worked extensively with parties and their counsel. Given the courtās familiarity with the infringing products, the parties, and their history of litigation, it is best-positioned to determine the impact of the scope of the injunction on the parties. Furthermore, the district court presided over a trial in which Samsungās witnesses and counsel assured the jury that design-arounds to the infringing features would be āsimple or already exist.ā Id. at *20. And Samsung asserted at oral argument that none of the. products it currently sells practice the '721 patent or the '172 patent, and that only a single product practices the '647 patent. Oral Argument at 31:10-31:48, available at http://oralarguments.cafc.uscourts.gov/ default.aspx?fl=2014-1802.mp3. As we wrote in Douglas Dynamics, when the in-fringer āha[s] a non-infringing alternative which it could easily deliver to the market, then the balance of hardships would suggest that [it] should halt infringement and pursue a lawful course of market conduct.ā 717 F.3d at 1345. On this record, it is clear ā Samsung will suffer relatively little harm from Appleās injunction, while Apple is deprived of its exclusivity and forced to compete against its own innovation usurped by its largest and fiercest competitor. Given the narrow feature-based nature of the injunction, this factor strongly weighs in favor of granting Apple this injunction.
D. Public Interest
The fourth eBay factor requires the patentee to show that āthe public interest would not be disserved by a permanent injunction.ā 547 U.S. at 391, 126 S.Ct. 1837. The district court found that the public interest āfavor[s] the enforcement of patent rights to promote the encouragement of investment-based risk,ā particularly where, as here, the patenteeās proposed injunction is narrow in scope and includes a sunset provision limiting the impact of the injunction on consumers. Injunction Order at *22-23 (quotation marks omitted). The court also noted that āan injunction may prompt introduction of new alternatives to the patented features.ā Id. at *23. It therefore concluded that the public interest factor favors Apple.
Samsung argues that the district court erred in finding the public interest weighs in favor of an injunction. Samsung also argues that the proposed injunction, while styled as narrow, is actually quite broad and would lead to the removal of products from store shelves, which it argues would harm the public interest. Samsung also argues that the public has a strong interest in competition and the resulting variety of product choices, and that the cost of administering this injunction would be great.
This is not a case where the public would be deprived of Samsungās products. Apple does not seek to enjoin the sale of lifesaving drugs, but to prevent Samsung from profiting from the unauthorized use of infringing features in its cellphones and tablets. Again, Apple seeks only a narrow feature-based injunction commensurate in scope with its monopoly rights. And the evidence of record is that Samsung can effect the removal of the patented features without recalling any products or disrupting customer use of its products. Apple has not attempted to expand the scope of its monopoly. Given the important public interest in protecting patent rights, the nature of the technology at issue, and the limited nature of the injunction, this factor strongly favors an injunction.
Conolusion
The district court erred when it found the first two eBay factors weighed against an injunction. Although the evidence may not make a strong case of irreparable harm, Apple has satisfied the causal nexus requirement and therefore established irreparable harm.
VACATED AND REMANDED
Costs
. As we explained in Apple III, "some connectionā between the patented feature and consumer demand for the products may be shown in āa variety of ways,ā including, for example, "evidence that a patented feature is one of several features that cause consumers to make their purchasing decisions,ā "evidence that the inclusion of a patented feature makes a product significantly more desirable,ā and āevidence that the absence of a patented feature would make a product significantly less desirable.ā Id. These examples do not delineate or set a floor on the strength of the connection that must be shown to establish a causal nexus; rather, they are examples of connections that surpass the minimal connection necessary to establish a causal nexus. Apple III included a fourth example to demonstrate a connection that does not establish a causal nexus ā where consumers are only willing "to pay a nominal amount for an infringing feature.ā Id. at 1368 (using example of $10 cup holder in $20,000 car). There is a lot of ground between the examples that satisfy the causal nexus requirement and the example that does not satisfy this requirement. The required minimum showing lies somewhere in the middle, as reflected by the "some connectionā language.
. Because we hold that the district court erred when it found that Apple did not suffer irreparable harm stemming from its sales-based losses, see supra at 640-45, and that on this record and consistent with the other holdings of the district court, this harm is sufficient to justify an injunction, see infra at 647, we do not reach the issue of whether Apple also suffered irreparable reputational harm.