Judge Koh denies Samsung a retrial following USPTO patent decisions (updated)

Judge Koh denies Samsung's motion to dismiss trail over bounceback patent invalidation

After the USPTO decided to take a second look at a bunch of Apple’s patents, including the pinch-to-zoom claims later invalidated by the USPTO, Samsung was understandably pressing for a retrial. However, since then the court has certified most of the other IP in question, including the famous claim 19 or “bounce-back” of patent 7,469,381, a lynchpin in the $1 billion judgement favoring Cupertino. As a result, judge Lucy Koh has decided to ignore the Korean company’s pleas and press on with Apple vs. Samsung II, meaning that the trial scheduled for November 12th 2013 will proceed as planned. What does that mean for all of us? Yet more legal wrangling and a prolonging of Samsung’s California nightmare.

Update: The article originally stated that the rubber-banding claim 21 in 7,469,381 was invalidated, but it was actually the pinch-to-zoom claim in patent 7,844,915. We apologise for any confusion that may have caused.

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Key Apple Patent Used Against Samsung Has Been Declared Invalid

Remember that $1 billion decision that Samsung violated Apple’s patents? One of the patents in question, the famous “rubber banding” or “physical inertia” patent, has been completely nullified by the United States Patent and Trademark Office, Samsung informed Judge Koh earlier this week.  The patent describes how when scrolling on a touch screen, and you reach the end of a passage, how the screen bounces back up.  The request to reexamine the patent was filed during the spring, but the non-final office action nullifying its claims wasn’t filed until earlier this week. The process isn’t final, though: the new declaration is a “first-glance” verdict that could be overturned in the future.

The patent in question, “List scrolling and document translation, scaling, and rotation on a touch-screen display,” is a key patent that Apple has used to defend what it claims is its intellectual property. It’s a core Apple patent, so expect a lengthy period of reexaminations and appeals. If Apple still isn’t happy after the USPTO makes its final decision, they could appeal the decision conceivably all the way to the Supreme Court.

By Ubergizmo. Related articles: Jury foreman in $1.05 billion Samsung v. Apple case has a serious conflict of interest, HTC 4G patents brought up against Apple are probably valid, says US Judge,

Apple wins injunction against Motorola in Germany over ‘rubber-banding’ patent

Apple wins injunction against Motorola in Germany

Hope and pray all you want, but the patent wars are far from over. The latest chapter in the ongoing game of IP Risk hands Apple a victory over the Google-owned Motorola Mobility in Germany. If you thought the recent licensing deal would put the kibosh on further flare ups between the two, you were sadly mistaken. The Munich I Regional Court awarded Cupertino an injunction against Moto devices over the so-called “rubber-banding” patent, which relates to the bounce back animation when scrolling to the bottom or top of a list. The fate of infringing phones isn’t set in stone yet, as there’s still room for appeal, though, a €25 million bond would score Apple an enforceable preliminary injunction. One relatively simple solution would be for Moto to implement the stock Android “glowing” animation, which would bypass Apple’s claims. Though, an even better solution would be for all parties involved to quit their bickering over patent minutia and focus on making the best products possible.

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Apple wins injunction against Motorola in Germany over ‘rubber-banding’ patent originally appeared on Engadget on Thu, 13 Sep 2012 14:26:00 EDT. Please see our terms for use of feeds.

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