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Old Apr 2, 2013, 10:52 AM   #1
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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.
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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.

Article Link: Key Claim of Apple's 'Rubber Banding' Patent Once Again Found Invalid by U.S. Patent Office
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Old Apr 2, 2013, 10:54 AM   #2
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Time for Apple to sue the United States Patent Office....
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Old Apr 2, 2013, 10:57 AM   #3
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Well.. I must say that rubber banding is the best feature in iOS - it seems so much fluider...
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Old Apr 2, 2013, 10:58 AM   #4
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********, they had it first. I had never seen it until I saw it on the first iPhone.
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Old Apr 2, 2013, 10:58 AM   #5
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Interesting. Although, chances are Apple and Samsung have both spent over $1 billion on legal finances.
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Old Apr 2, 2013, 11:00 AM   #6
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clearly touchscreen and multitouch concept was conceive before the iPhone launch. but the rubber band thingy, that is definitely Apple.
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Old Apr 2, 2013, 11:01 AM   #7
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Originally Posted by Schmitty11 View Post
Time for Apple to sue the United States Patent Office....
what is the point of the US Patent Office anyhow - i think it is getting outdated or they need to change how they look at things. like most of the gvt it is stuck in the 50 and 60s. I thought the Patent Office was there to protect US companies not sell then out to the Asians? No wonder no TVs ect are made in the USA anymore the govt makes it impossible for them to do so. Time for the US gvt to make some changes and get there heads out of there bums. If the US wants to make the US a viable market again then it needs to do some reforms to keep businesses in the US rather then driving them out - unless that is what the gvt really wants to do?
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Old Apr 2, 2013, 11:02 AM   #8
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And apples stock falls again as another of its "key patents" fails to stick.

Time for apple to sue the Patent office ? or perhaps time for apple to stop Patent Trolling to get its competitors products out of the way and get back to innovating its products so they sell on their own merits.

i remember a time when apples products stood out from the competitors, and they released new, fresh improvements that were one step ahead of the competition, now it seems everyone else is 10 steps ahead and apple are stuck in the corner eating paste with glitter on it.

Less of Sir Ives -"lets make it thinner and shiny-er", more technical enhancements and disruptive new features, please apple (including a little door that gives the magical ability to swap out the memory and HDD on your products again, THAT would be a disruptive change)
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Old Apr 2, 2013, 11:02 AM   #9
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cue the price is right fail horn
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Old Apr 2, 2013, 11:03 AM   #10
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Inb4 apple loses
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Old Apr 2, 2013, 11:03 AM   #11
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Man, slowly, but surely I really would love a "law/patent section" separated from the main page like somebody else in another thread suggested...
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Old Apr 2, 2013, 11:03 AM   #12
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Patent's are just pissing me off. Apple just needs to let stuff go. If someone could get confused that they are holding an apple phone or not because of a "rubber banding" effect...

i feel sorry for them... and apple i guess...

this is all just annoying to keep reading about.

EDIT:
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Originally Posted by lars666 View Post
Man, slowly, but surely I really would love a "law section" separated from the main page like somebody else in another thread suggested...
YES i agree...

and keep it off the front page.
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Old Apr 2, 2013, 11:03 AM   #13
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Originally Posted by Tankmaze View Post
clearly touchscreen and multitouch concept was conceive before the iPhone launch. but the rubber band thingy, that is definitely Apple.
the rubber band thing used to happen in Amiga OS 3.1 (maybe even earlier) when you scrolled to the bottom of a window in some software, its been around for years
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Old Apr 2, 2013, 11:03 AM   #14
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And here comes all the armchair lawyers with their expert opinions. Time for popcorn.
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Old Apr 2, 2013, 11:03 AM   #15
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Quote:
Originally Posted by bwillwall View Post
********, they had it first. I had never seen it until I saw it on the first iPhone.
Right, it's only obvious in retrospect because it's such a good idea.
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Old Apr 2, 2013, 11:04 AM   #16
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Originally Posted by SirYossi View Post
I thought the Patent Office was there to protect US companies not sell then out to the Asians?
Then you have thought wrong.
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Old Apr 2, 2013, 11:05 AM   #17
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Right, it's only obvious in retrospect because it's such a good idea.
And because it was invented before many of the posters in this thread were born.
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Old Apr 2, 2013, 11:05 AM   #18
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Originally Posted by Schmitty11 View Post
Time for Apple to sue the United States Patent Office....
I think once Samsung starts using its own OS platform - rumored by end of this year or early next year that Samsung will sue Android for the same thing?
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Old Apr 2, 2013, 11:05 AM   #19
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Countries use companies to make war with each other... Companies use countries to sell their devices showing false pictures of Mankind... What is to be done about this?
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Old Apr 2, 2013, 11:05 AM   #20
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Originally Posted by Tankmaze View Post
clearly touchscreen and multitouch concept was conceive before the iPhone launch. but the rubber band thingy, that is definitely Apple.
According to the prior art, no
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Old Apr 2, 2013, 11:06 AM   #21
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Quote:
Originally Posted by AlphaVictor87 View Post
Patent's are just pissing me off. Apple just needs to let stuff go. If someone could get confused that they are not holding an apple phone because of a "rubber banding" effect...

i feel sorry for them... and apple i guess...

this is all just annoying to keep reading about.

Hummmm... and don't you think the iPhone 1.0 was a truly unique approach to smart phones?

If so... which I can't imagine how anyone could argue it wasn't... but if so, then given the purpose of patents - to protect innovation and inventors - don't you think it's sad that Apple has not been able to protect the design and functions of the iPhone... a product that truly changes the course of the phone industry?
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Old Apr 2, 2013, 11:07 AM   #22
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Originally Posted by SirYossi View Post
I think once Samsung starts using its own OS platform - rumored by end of this year or early next year that Samsung will sue Android for the same thing?
Samsung has been using its own OS since years ago and Tizen is not Samsung own OS. I think what you have to inform a little better.
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Old Apr 2, 2013, 11:14 AM   #23
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********, they had it first. I had never seen it until I saw it on the first iPhone.
That doesn't mean it didn't exist. Come on now.
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Old Apr 2, 2013, 11:19 AM   #24
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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.
This line sounds like it's still April 1st. Seriously, it's like a line out of "Brazil"
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Old Apr 2, 2013, 11:21 AM   #25
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Originally Posted by jessica. View Post
That doesn't mean it didn't exist. Come on now.
Maybe he is the all seeing eye, like Sauron
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