On November 18, the Federal Circuit issued an Opinion in Apple v. Samsung, Appeal No. 2013-1129, affirming the U.S. District Court for the Northern District of California’s denial of injunctive relief with respect to Apple’s design patents and trade dress, but notably vacating the denial of injunctive relief with respect to Apple’s utility patents and remanding for further proceedings.  The Federal Circuit found that causal nexus is part of the “irreparable harm calculus” for both preliminary and permanent injunctions:  “it informs whether the patentee’s 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.”  While the Federal Circuit has held that eBay does not applyto Commission remedy determinations, certain findings of the Federal Circuit regarding causal nexus in Apple v. Samsung may be pertinent to Section 337 investigations, including:  (1) “causal nexus requirement applies regardless of the complexity of the products.  It just may be more easily satisfied (indeed, perhaps even conceded) for relatively ‘simple’ products.”; and (2) “a delayed injunction may be more likely to prevent only infringing features rather than the sale of entire products, because the defendant would have time to implement a noninfringing alternative.  For that reason, a delay in enforcement may make an injunction more equitable and . . . justifiable in any given case.”