USPTO invalidates Apple patent (preliminary)

[John Kotches]

It odds being reported by FOSS Patents that the rubber band bounce back scrolling patent has been preliminarily revoked.

http://www.fosspatents.com/2012/10/patent-office-tentatively-invalidates.html?m=1

This is one of the patents that was part of the billion dollar verdict against Samsung.

This is expected to assist Samsung on appeal (duh).

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[John Kotches]

Re: USPTO invalidates Apple patent

Mods if you could modify the title to reflect that this is a preliminary revocation I would appreciate it. I can't do this through my phone.

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[LER]

Done.

 

[nelson61]

Bloomberg reports that prior art used to invalidate rubber band was a previously granted Apple patent that Apple did not to disclose in their application. They said this is the most egregious type of omission an applicant can make.

It may mean nothing to samsung trial since patent still exists and any changes are at the discretion of the judge.

 

[John Kotches]

This is getting very interesting to say the least.

 

[Tyralak]

Bloomberg reports that prior art used to invalidate rubber band was a previously granted Apple patent that Apple did not to disclose in their application. They said this is the most egregious type of omission an applicant can make.

It may mean nothing to samsung trial since patent still exists and any changes are at the discretion of the judge.

Actually, if the patent is permanently invalidated, the judgement against Samsung is null and void.

 

[John Kotches]

Actually, if the patent is permanently invalidated, the judgement against Samsung is null and void.

Due to the lack of the earlier patents inclusion from the patent under question, does it block apple from suing over it's violation?

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[nelson61]

Due to the lack of the earlier patents inclusion from the patent under question, does it block apple from suing over it's violation?

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Nope. The trial is complete and uses the existing record with a still valid patent. Now, recent developments may influence the judge in her consideration of damages or whatever but as far as the trial record is concerned, the patent still exists and will continue to exist through a series of appeals to the patent office (and courts).

It may not be fair but happens on occasion. Patent infringement is upheld, penalties assessed and paid, and then the patent is invalidated. What is done is done, and the payer does not get their money back.

 

[mike123abc]

As far as this trial is concerned the patent is still valid. It could take years before the patent is officially invalidated.