Publication

David McCombs, Eugene Goryunov and Adam Erickson in The Patent Lawyer: 'Samsung’s Preemptive Strike: Precedent or Predictable?'

Haynes Boone Lawyers David McCombs, Eugene Goryunov and Adam Erickson authored an article in The Patent Lawyer on the launch of Samsung's Galaxy Ring and if it is infringing on Oura Health's patent.

Read an excerpt below:

Consumers are very familiar with tech product launches. Years of research, speculation, tech blog rumors, and even legal filings all build anticipation for the long-awaited official announcement. The dramatization of the process is, of course, all part of the marketing strategy, but the launch of Samsung’s anticipated Galaxy Ring, its latest wearable tech for fitness and health tracking, included a less common step in the process—seeking a declaratory judgment of non-infringement and cancellation of several patents of a competitor (See Samsung Electronics Co., Ltd. v. Oura Health Oy, No. 3:24-cv-03245-SK, Paper 1 (N.D. Cal. May 30, 2024) (Complaint).

By now, Samsung’s move has drawn plenty of news coverage and divided opinions. Supporters believe that Oura’s patent portfolio is overbroad, claiming fundamental and obvious features of all wearable technology. Samsung has also used Oura’s aggressive litigation history to its advantage. It argues that Oura’s indiscriminate patent assertions have stifled virtually all market entrants, including suing companies even before product launches. Many of these companies don’t have the resources to fight against Oura’s patents.

Read the full article here.