Apple stands to lose another patent crucial to its battle with Samsung

[SomeDudeAsking]

Apple stands to lose another patent crucial to its battle with Samsung

With Koh due to publish a post-trial order about damages any day now, a key Apple patent is being threatened at the US Trademark and Patent Office. US Patent No. 7,844,915, the patent covering Apple's "pinch to zoom" smartphone navigation feature, may be invalidated. In a patent reexam, examiners discovered multiple pieces of prior art that they found should reject Apple's claims.

It's no surprise that Samsung immediately filed court papers this afternoon to notify Koh (and the public) of the early results.

This isn't a final decision by the USPTO. Apple will get to respond before any patents are truly killed off, and reexams are generally a long, dragged-out process. However, it is notable that all three of the utility patents Apple used to win its case are now having their validity seriously questioned. In addition to the questions raised today about the '915 patent, the patent office ruled in October that the '381 patent ("rubber banding" or "bounce back" feature) should never have issued. At a key post-trial hearing two weeks ago, Koh herself said that the '163 ("tap to zoom") patent was looking like it might be invalid.

It's really up to Koh how she takes these early patent office rulings into account, if at all. But at the December 6 hearing, she was already asking more questions about reasons to lower damages (what Samsung wants) than about elements that might increase damages (which Apple wants). Overall, this combination of factors doesn't bode well for Apple.

arstechnica.com/tech-policy/2012/12/apple-stands-to-lose-another-patent-crucial-to-its-battle-with-samsung/

Looks like a teensy itty little bit of common sense may be happening in the US. Whereas Apple has lost it's bully lawsuits around the world against Samsung and the courts generally worked, the American case is a cluster-****.

 

[thekev]

Whenever these things end up in court, both sides run the risk of their patents receiving closer scrutiny. They would have considered the risks in advance.

 

[dejo]

Discussion continues here.