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Old Jun 13, 2013, 02:26 PM   #1
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Key Claim of Apple's 'Rubber Banding' Patent Used Against Samsung Confirmed




Apple's "rubber banding" patent (U.S. No. 7,469,381) has been under heavy scrutiny in recent months, with a number of claims found invalid in two different rulings.

The patent, which pertains to the ability for content displayed on iOS devices to "bounce back" when a user scrolls to the top or the bottom of a page, is significant because it is one that was successfully used by Apple against Samsung in the ongoing legal dispute that saw Apple awarded with more than a billion dollars.

According to FOSS Patents, Apple has scored a major victory in regards to the '381 patent, having just received notice that the United States Patent and Trademark Office (USPTO) will issue a reexamination certificate that confirms the formerly invalidated claim 19, which was the portion of the patent used against Samsung. In April, three other claims were also confirmed.

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As a result of this new reexamination certificate, claim 19 will enjoy an enhanced presumption of validity against the invalidity theories the patent office evaluated. Instead of invalidation in mid-2017 or later, this patent has now been confirmed in mid-2013.

Apple would presumably have liked to salvage even more claims than the seven claims the patent office is now going to confirm, but claim 19 is the one that matters in the dispute with Samsung, and it's now stronger than ever.
Samsung has, at multiple points in time, attempted to have the rubber banding patent declared invalid and has also attempted to use the question of the patent's validity as a reason to delay the November trial that will redetermine a portion of the damages that Samsung must pay to Apple after the original $1 billion ruling was partially thrown out due to jury error.

With the new reexamination certificate, it is unlikely that Samsung will be able to delay or avoid the November trial that will levy additional damages against the company.

Article Link: Key Claim of Apple's 'Rubber Banding' Patent Used Against Samsung Confirmed
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Old Jun 13, 2013, 02:30 PM   #2
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So much fighting over such a glitter based attribute of iOS...
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Old Jun 13, 2013, 02:30 PM   #3
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Germany has it right with software patents. I don't have a lot of hope for the US, but maybe someday we'll see the light and realize these patents kill innovation instead of protecting it.
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Old Jun 13, 2013, 02:35 PM   #4
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This is why I'm becoming a patent attorney.
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Old Jun 13, 2013, 02:36 PM   #5
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I think this is fairly justifiable. I'm not really a fan of all of these lawsuits but if you've patented a user interface that has been received well by your users, I can see why they would not want someone blatantly copying any aspect of it. Especially while there are other ways you can implement the same type of feature.
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Old Jun 13, 2013, 02:37 PM   #6
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I find it exhausting to keep up with all the details of each trial. I'd much rather learn about new hardware and software details.

Then again, after a big event like WWDC there will probably be a lull in rumors and more of this stuff will be on the front page.
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Old Jun 13, 2013, 02:38 PM   #7
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Honestly who cares anymore.
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Old Jun 13, 2013, 02:41 PM   #8
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Do what is done in medicine - issue a patent for 20 years, after which it's patent free. Period. Gives companies such as Apple and Google an incentive to create such things as 'rubber banding' or 'pinch to zoom', make some money or trade patents with each other, then it belongs to everyone. Perhaps even shorten the time (?).

Do something like this, because the software patent system desperately needs an overhaul, here, there & everywhere.

Last edited by BlueParadox; Jun 13, 2013 at 02:53 PM.
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Old Jun 13, 2013, 02:41 PM   #9
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lolwut?
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Old Jun 13, 2013, 02:42 PM   #10
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Suck it samsung!
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Old Jun 13, 2013, 02:47 PM   #11
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I cannot stand this stuff.

Why in the world is this patented?

Apple killing innovation, one patent at a time.
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Old Jun 13, 2013, 02:50 PM   #12
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One of the most important behaviors of the UI

IMHO, the rubber-banding was one of the most important behaviors of the iOS UI. The behavior shows something fundamental to our biology -- all parts have a viscoelastic behavior with each other. You can see this behavior if you pull on your earlobe; you can see the same behavior if you squeeze on your earlobe. Such nonlinear behaviors are intuitively obvious in the physical world; they make a huge amount of behavior to use for mobile devices (and, now, in OS X). See my follow-up message for info about the science and liberal arts behind Apple's design.

Last edited by FloatingBones; Jun 13, 2013 at 06:50 PM.
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Old Jun 13, 2013, 02:53 PM   #13
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I wonder how many S4s Samsung is going to have to sell in order to pay Apple.


Good thing Samsung is selling so many units.
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Old Jun 13, 2013, 02:55 PM   #14
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Wow, Apple is protecting its "innovation".
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Old Jun 13, 2013, 02:57 PM   #15
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I assume if there is any way possible Samsung can appeal this they will. And on and on it will go. Seems to me that as long as they don't steal the actual code they can simulate the idea. But I'm no attorney...
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Old Jun 13, 2013, 02:57 PM   #16
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Quote:
Originally Posted by FloatingBones View Post
IMHO, the rubber-banding was one of the most important behaviors of the iOS UI. The behavior shows something fundamental to our biology -- all parts have a viscoelastic behavior with each other. You can see this behavior if you pull on your earlobe; you can see the same behavior if you squeeze on your earlobe. Such nonlinear behaviors are intuitively obvious in the physical world; they make a huge amount of behavior to use for mobile devices (and, now, in OS X).
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Old Jun 13, 2013, 03:00 PM   #17
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Originally Posted by johnnnw View Post
I cannot stand this stuff.

Why in the world is this patented?

Apple killing innovation, one patent at a time.
If you were the person / entity that created the rubber-banding effect, I am sure you would do what you can in your power to prevent your competitors from ripping it off... no?

If not, your company wouldn't last a minute in today's world. Patents are not killing innovation. Instead of copying Apple, Samsung could have come up with something comparable for their own devices. That's lack of innovation on Samsung's part - not related to patents whatsoever, IMO.

All of these "small things" that Apple has patented is what makes their phones and user interface so great. They have a right to protect what their hard work (and R&D dollars) created.
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Old Jun 13, 2013, 03:01 PM   #18
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this is one of the things that made the iPhone easy to use

this really is, one of the many things Apple did to make the iphone in 2007 easier to use for humans; one of the many things Samsung, er Google knew was patented and copied anyway. All the babble about how in the hell can someone patent this or that, well they did, and so do many many many other companies. Its an implementation method, that, by the way, worked, and worked very well.

Anyway, believe what you want, but I personally think this is one of the major things apple worked out in that first touch screen UI of a mobile phone OS that was a pivoting factor of intuitive design that help propel it to the success that not only Apple, but all the others are enjoying now.
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Old Jun 13, 2013, 03:02 PM   #19
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Wow, Apple is protecting its "innovation".
If it's so not an innovation, why didn't anyone else think of it first, and if it's an innovation without value, why did Samsung copy it as soon as Apple did it?

Not asking you about what Apple copied, or who is good and who is bad, or what company is better. Just very simply, answer the questions above.

It's innovation and Apple has a right to protect it and profit off it for a specified period of time. After that, patents fall off and it belongs to the ages. This mechanism isn't nearly as broken these days as copyright, which can currently be extended into perpetuity.
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Old Jun 13, 2013, 03:03 PM   #20
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Originally Posted by street.cory View Post
I think this is fairly justifiable. I'm not really a fan of all of these lawsuits but if you've patented a user interface that has been received well by your users, I can see why they would not want someone blatantly copying any aspect of it. Especially while there are other ways you can implement the same type of feature.
Yeah, I mean, iOS7 didn't even copy Android and Windows 8 at all.
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Old Jun 13, 2013, 03:08 PM   #21
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Suck it samsung!
You know you don't do yourself, nor Apple any favors with comments like that. Just saying...
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Old Jun 13, 2013, 03:09 PM   #22
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Yeah, I mean, iOS7 didn't even copy Android and Windows 8 at all.
Good point but we will wait for the impending lawsuits (and settlements) to decide if the court thinks that happened. Visuals are one thing but there needs to be proof.
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Old Jun 13, 2013, 03:11 PM   #23
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You know you don't do yourself, nor Apple any favors with comments like that. Just saying...
Looks like you are from UK. Let him express his feeling here on US message boards
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Old Jun 13, 2013, 03:15 PM   #24
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Yeah, I mean, iOS7 didn't even copy Android and Windows 8 at all.
Sorry, I fail to see why you're responding to me. Look at my post again and you'll see that I said wasn't Pro-Apple/Google/Microsoft but was in favor of each companies right to protect their patents.

And if iOS7 infringed patents of Android and Windows 8, they have a right to bring it up in court.

One can cherry-pick examples of each desktop OS and mobile OS taking UI designs and features from each other until they're blue in the face, but does it really matter? What matters is when something that is supposed to be legally protected that is then stolen, copied, or borrowed. There should be some repercussions for those actions.
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Old Jun 13, 2013, 03:15 PM   #25
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Yeah, I mean, iOS7 didn't even copy Android and Windows 8 at all.
Do you even know what a patent is?
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