The United States Patent and Trademark Office has decided that one of the smartphone patents at the center of the legal dispute between Apple and Samsung Electronics — which resulted in a jury award to Apple of $1.05 billion — should never have been granted.
Like I said a couple of days ago after a similar decision by a court in Holland... it's perfectly legal to smoke dope in cafés in that country. Go figure!
Yeah. Of course. Why did I expect that... Anytime a court makes a decision against Apple, there is a good reason.
Apple's rubber-banding (overscroll-bounce) patent is still going to go through a lengthy proces before it may or may not be invalidated. There can be more than one non-final Office action by the Central Reexamination Division. Even a "final Office action" is not final at all. It can be reconsidered by the Central Reexamination Division itself, and the last decision by that division can be appealed to the Patent Trial and Appeal Board (PTAB), which used to be called the Board of Patent Appeals and Interferences (BPAI) until recently and is like an USPTO-internal appeals court. Remands by the PTAB to the Central Reexamination Division cause further delay. When the USPTO is done with the patent, its decision can be appealed to the United States Court of Appeals for the Federal Circuit. And theoretically, a Federal Circuit decision can be appealed to the Supreme Court, which doesn't hear many patent validity cases (but does take a look at important issues from time to time).
Apple has many patents in play against Android. It doesn't matter in a strategic sense if some of them, or even many of them, get invalidated. It just needs to enforce enough of them to ensure product differentiation. The '381 patent covers a signature element of the iOS touchscreen user interface, and Apple is going to fight hard to keep it alive. But at the end of the day it's just one of many patents-in-suit.
Comments
Quote:
Originally Posted by Quadra 610
Where the rubber meets the road:
http://www.cbc.ca/news/world/story/2012/08/24/apple-samsung-patent-battle-california.html
http://www.forbes.com/sites/connieguglielmo/2012/08/24/jury-has-reached-verdict-in-apple-samsung-patent-suit-court-to-announce-it-shortly/
Oh really?
Quote:
U.S. Disavows Patent at Center of Apple-Samsung Dispute
By STEVE LOHR
Published: October 23, 2012
The United States Patent and Trademark Office has decided that one of the smartphone patents at the center of the legal dispute between Apple and Samsung Electronics — which resulted in a jury award to Apple of $1.05 billion — should never have been granted.
http://www.nytimes.com/2012/10/24/technology/us-disavows-patent-at-center-of-apple-samsung-dispute.html?_r=0
When talking about news, sometimes the date of the article matters.
Quote:
Originally Posted by Quadra 610
Is this a serious question?
can you name any other court that sided with Apple on anything (especially against Samsung)?
Quote:
Originally Posted by Fotoformat
Like I said a couple of days ago after a similar decision by a court in Holland... it's perfectly legal to smoke dope in cafés in that country. Go figure!
Yeah. Of course. Why did I expect that... Anytime a court makes a decision against Apple, there is a good reason.
deleted
Quote:
Originally Posted by cnocbui
Oh really?
http://www.nytimes.com/2012/10/24/technology/us-disavows-patent-at-center-of-apple-samsung-dispute.html?_r=0
When talking about news, sometimes the date of the article matters.
Yes, really.
This in no way means Judge Koh will actually overrule the jury. This is more useful for Samsung's ongoing appeal.
So yes, Apple won. Not only in court, but according to the opinion of the average consumer (jury.)
Apple also has the option of challenging the USPTO's decision.
Futhermore:
Quote:
http://www.fosspatents.com/2012/10/patent-office-tentatively-invalidates.html
Apple's rubber-banding (overscroll-bounce) patent is still going to go through a lengthy proces before it may or may not be invalidated. There can be more than one non-final Office action by the Central Reexamination Division. Even a "final Office action" is not final at all. It can be reconsidered by the Central Reexamination Division itself, and the last decision by that division can be appealed to the Patent Trial and Appeal Board (PTAB), which used to be called the Board of Patent Appeals and Interferences (BPAI) until recently and is like an USPTO-internal appeals court. Remands by the PTAB to the Central Reexamination Division cause further delay. When the USPTO is done with the patent, its decision can be appealed to the United States Court of Appeals for the Federal Circuit. And theoretically, a Federal Circuit decision can be appealed to the Supreme Court, which doesn't hear many patent validity cases (but does take a look at important issues from time to time).
Apple has many patents in play against Android. It doesn't matter in a strategic sense if some of them, or even many of them, get invalidated. It just needs to enforce enough of them to ensure product differentiation. The '381 patent covers a signature element of the iOS touchscreen user interface, and Apple is going to fight hard to keep it alive. But at the end of the day it's just one of many patents-in-suit.