Skip to main content

Apple’s rubber banding patent used in Samsung trial declared invalid

A report from FossPatents today (via MacRumors) covering a Samsung filing with U.S. District Judge Lucy Koh shows the United States Patent and Trademark Office has declared 20 claims related to Apple’s rubber-banding patent invalid. One of the claims was even used against Samsung as part of Apple’s $1 billion victory in a California court in August:

While this non-final decision is not binding, there is a possibility that Judge Koh will be persuaded by this to grant Samsung’s Rule 50 (“overrule-the-jury”) motion to the extent it relates to the ‘381 patent. Even if Judge Koh is hesitant to overrule the jury on this and skeptical of a non-final action, the reexamination process will continue during the Federal Circuit appellate proceedings, so if the non-final findings concerning claim 19 are affirmed in subsequent Office actions, they will have more weight. And even after the appeals process, a subsequent final rejection of the relevant patent claim would make the patent unenforceable going forward.

The report noted an anonymous third-party challenged the validity of the patent earlier this year requesting a reexamination (Google looks up into space, begins whistling):

In late May, Scott Daniels, the author of the WHDA Reexamination Alert blog, discovered some new anonymous attacks on this patent and another famous Apple patent. I reported and commented on these findings. At the time I already listed the prior art references on which that ex parte reexamination request was based.

FTC: We use income earning auto affiliate links. More.

You’re reading 9to5Google — experts who break news about Google and its surrounding ecosystem, day after day. Be sure to check out our homepage for all the latest news, and follow 9to5Google on Twitter, Facebook, and LinkedIn to stay in the loop. Don’t know where to start? Check out our exclusive stories, reviews, how-tos, and subscribe to our YouTube channel

Comments

Author

Avatar for Jordan Kahn Jordan Kahn

Jordan writes about all things Apple as Senior Editor of 9to5Mac, & contributes to 9to5Google, 9to5Toys, & Electrek.co. He also co-authors 9to5Mac’s weekly Logic Pros series and makes music as one half of Toronto-based Makamachine.