Key Claim of Apple's 'Rubber Banding' Patent Once Again Found Invalid by U.S. Patent Office
Last October, a court filing in the U.S. lawsuit between Apple and Samsung revealed that the U.S. Patent and Trademark Office (USPTO) had issued a preliminary decision ruling that all of 20 claims of Apple's "rubber banding" patent were invalid.
The patent, which addresses the ability for content displayed on iOS devices to "bounce back" when the user scrolls to the top or bottom of the page, had been successfully used by Apple in its lawsuit against Samsung that yielded a $1 billion judgment.
At the time, we noted that the decision by the USPTO was merely a preliminary one and that it would be revisited in numerous other reviews and appeals as Apple continued to plead its case. FOSS Patents now notes that Samsung has filed another court document revealing that the agency has followed up with a new decision reviving three claims from Apple's patent but once again rejecting the other 17 claims, including the key one used against Samsung.
The latest decision, which according to Samsung was published by the patent office "on or after March 29", is a final Office action -- which gives it more weight than the first one, but "final" isn't really final in this process as I'll discuss further below. [...]
Apple now has two months (which can be extended) to respond. Again, the word "final" sounds more definitive than this really is. Sometimes the Central Reexamination Unit reconsiders such "final" decisions. Even if it doesn't, this "final" rejection can and certainly will be appealed to the Patent Trial and Appeal Board (PTAB), sort of an appellate division within the USPTO. The PTAB can make a final decision as far as the USPTO is concerned, but frequently remands a matter to the Central Reexamination Unit. And a final-final USPTO decision can then be appealed to the United States Court of Appeals for the Federal Circuit. It will take years before a truly final decision on the validity of this patent issues.
The validity of the rubber banding patent is just one of the difficulties facing Apple as the $1 billion verdict against Samsung continues to be challenged. Last month, Judge Lucy Koh voided nearly half of the judgment due to a jury error that made it impossible for corrected damages to be calculated for the affected devices and patents. As a result, Koh ruled that a new trial must be held to establish correct damages for those devices, with the result potentially including either a smaller or larger award for Apple. Samsung is of course also seeking to appeal the judgment in its entirety, with Apple and Samsung arguing over whether the appeal or the new trial addressing corrected damages should proceed first.
Popular Stories
Apple seeded the release candidate version of iOS 18.2 today, which means it's going to see a public launch imminently. Release candidates represent the final version of new software that will be provided to the public should no last minute bugs be found, and Apple includes release notes with the RC launch.
The iOS 18.2 release notes provide a look at all of the new features that are coming...
Apple is set to release iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. There are a handful of new non-AI related feature controls...
In 2025, Apple is planning to debut a thinner version of the iPhone that will be sold alongside the iPhone 17, iPhone 17 Pro, and iPhone 17 Pro Max. This iPhone 17 "Air" will be about two millimeters thinner than the current iPhone 16 Pro, according to Bloomberg's Mark Gurman.
The iPhone 16 Pro is 8.25mm thick, so an iPhone 17 that is 2mm thinner would come in at around 6.25mm. At 6.25mm,...
Apple today seeded the second release candidate versions of upcoming iOS 18.2, iPadOS 18.2, and macOS 15.2 updates to developers and public beta testers for testing purposes, a week after releasing the first RCs. The first iOS 18.2 RC had a build number of 22C150, while the second RC's build number is 22C151. Release candidates represent the final version of beta software that's expected to see a ...
Apple's next-generation iPhone 17 lineup may bring some of the most significant display improvements we've seen in recent years. While the iPhone 17 series isn't expected until late 2025, multiple rumors suggest Apple is working on substantial screen upgrades across its entire smartphone range.
From enhanced refresh rates to advanced materials and improved power efficiency, these display...
Despite being released over two years ago, Apple's AirPods Pro 2 continue to dominate the wireless earbud market. However, with the AirPods Pro 3 expected to launch sometime in 2025, anyone thinking of buying Apple's premium earbuds may be wondering if the next generation is worth holding out for.
Apart from their audio and noise-canceling performance, which are generally regarded as...
The U.S. Court of Appeals for the Ninth Circuit this week upheld a lower court's dismissal of a lawsuit alleging that Apple illegally deceived customers into paying for iCloud storage, according to a court filing. The decision was reported by Law360.
The lawsuit alleged that Apple deceived customers into purchasing iCloud-enabled devices by misleading customers into believing that they can...
Apple's forthcoming iPhone SE 4 will feature a single 48-megapixel rear camera and a 12-megapixel TrueDepth camera on the front, according to details revealed in a new Korean supply chain report.
ET News reports that Korea-based LG Innotek is the main supplier of the front and rear camera modules for the more budget-friendly ~$400 device, which is expected to launch in the first quarter of...
