Patent office confirms three claims of Apple’s rubber-banding patent – but not the key one

“Samsung just filed a notice with Judge Koh’s court (Northern District of California) regarding the status of the ongoing reexamination of Apple’s famous rubber-banding (or ‘overscroll bounce’) patent, U.S. Patent No. 7,469,381, against which an anonymous party requested an ex parte reexamination,” Florian Mueller reports for FOSS Patents. “In October 2012 the United States Patent and Trademark Office issued a first Office action tentatively rejecting all claims of the ‘381 patent — less than two months after a federal jury deemed the patent valid as well as infringed by Samsung. 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.”

“While Apple has made some progress since the first Office action and the USPTO’s Central Reexamination Unit has now confirmed claims 14, 17 and 18, the other 17 claims of this patent (1-13, 15, 16, 19, 20) have been rejected once again,” Mueller reports. “The ‘final’ rejection also relates to the claim-in-suit in the ongoing Apple v. Samsung litigation, claim 19.”

Mueller reports, “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.”

Read more in the full article here.

MacDailyNews Take: Slog, slog, slog and blah, blah, blah, until there is no possibility that “final” justice can ever be truly served.

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  1. When this ultimately obvious truth being distorted and ill conceived by even these so-called departments of justice around the world, it really makes you depressed and feel helpless.

  2. having known this was the eventual process, could Apples aim actually be to simply drain money from Samsung through litigation?
    Apple has the funds to win a “who has the most disposable cash” war.

  3. I read the article and the reason for rejecting the patent are two claims of prior art. One is an Apple patent!!! The other is from AOL and there is no mention in the patent about a rubber banding or over scrolling effect. Complete and utter bullshit!!!

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