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Because this is such a valuable 'feature' that really needed patenting in the first place
 
Where is the rubber banding part of the video? I don't see anything at 33:40. Just the photo moving across to the edge of the frame. Confused.

If that IS the evidence - it is pretty weak.

I'm wondering if the time stamp is wrong, because I just watched it (previously assumed things were right) and I don't see any rubber banding either.

EDIT : Posted above 32:40, yes there is rubber banding, quite minimal but it is there.
 
But Apple didn't exactly emphasise that feature in the Keynote. I can't even see it at all.

It is of course a question of evidence, but the scope of the novelty requirement under the European Patent Convention is very broad. Even if they did not emphasise it, they did present it or at least went public with it. For the German court that seems to be enough evidence. The rationale of the procedural requirement is that inventors only obtain protection for their inventions if they adhere to the process, that is to say, when they file an application first and thereby disclose the invention. The State gives you an exclusive right in return for disclosure, but if you already disclose it before, then the State is not the one who gave you the incentive to disclose in the first place. If Apple was incompetent enough to make it public before, then that's their fault. The law has been like that for a very long time.
 
Samsung must truly be evil if they're going to break patients.

There is potentially billions of dollars on the line here. Of course they are going to try to invalidate the patents any way they can. Apple messed up here, they didn't play by the rules, and got caught.
 
Sorry - there's something funny about Apple's patent being invalidated by themselves.

Where's the Delorean so we can fix this?

Why should we? It was a stupid patent. Things like MagSafe, that, I can understand, but software patents are the worst thing to ever come out of the rise of commercial software in the 80s and 90s.
 
Here is proof you invented it first, so you can't have the patent

Exactly! So dumb.

So, if I infiltrate into a company, and know they are working on a patent submission for the next day, I can simply call a press conference to talk about this, and the whole patent is invalidated?

That's just nuts.

Now, NOBODY owns the patent to this simply because it was outed early?
 
Because this is such a valuable 'feature' that really needed patenting in the first place

It really isn't about the value of the feature, but more of a way of keeping your competitors from copying you. It is easy to make small adjustments to avoid direct copying, but if you try to patent everything; it makes it a lot easier to catch them.
 
Why should we? It was a stupid patent. Things like MagSafe, that, I can understand, but software patents are the worst thing to ever come out of the rise of commercial software in the 80s and 90s.

So all software patents are bad? Thats a bit of a stretch...
 
This makes absolutely no sense to me. So a company demonstrates a new concept. By demonstrating it before filing paperwork, that makes the concept ineligible for a patent. :confused:
 
He really should have known better.

Oops!

An American who specializes in technology should know about all the different countries of the world's laws? Oh, yeah, right. I guess everyone should have a law degree from every country in the world before they do anything. ok.
 
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Busted!

Although, I'm glad Apple doesn't have a team of lawyers scrub every keynote. Pretty sure none of us would care to watch one if they did.

It's kind of funny, secretive Apple losing a patent because of their own keynote. but I wish these kinds of things were not important to IP law. Should a rubber band effect really be protected IP that mega-companies litigate over?

Isn't that what Apple did with GUI, Mouse, etc?

Apple licensed that stuff from Xerox so it doesn't seem to be a similar situation.
 
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