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USPTO Invalidates Apple's Pinch-to-Zoom Patent

By - Source: Reuters | B 23 comments

Another one bites the dust.

Apple has faced yet another roadblock in its quest to squash both rival Samsung and Android. The U.S. Patent and Trademark Office (USPTO) has temporarily invalidated Apple's US Patent No. 7,844,915 which covers the "pinch to zoom" smartphone navigation feature. This was one of the key patents Apple used against Samsung back in August which helped land the iPhone maker $1.05 billion in damages.

In a letter sent to Apple's lawyers on Wednesday, the USPTO stated that it had completed a re-examination of the pinch-to-zoom patent, and rejected all of Apple's claims. The Office cited published documents and older patents as the basis of its rejection, calling Apple's supposed inventions "unpatentable". The invalidation isn't final, and Apple will have a chance to appeal.

Samsung, which received a copy of the USPTO letter, filed it with the court on Thursday, saying that it was relevant to its request for a new trial. It is also expected to help fend off Apple's continued request for a permanent injunction against the South Korean manufacturer's "infringing" products. A U.S. judge denied on Monday Apple's request for a permanent injunction.

Earlier this month, the USPTO issued a "first Office action" rejecting all twenty claims of "the Steve Jobs patent," otherwise known as U.S. Patent No. 7,479,949 ('949). It covers a "touch screen device, method, and graphical user interface for determining commands by applying heuristics". A reexamination request against the '949 patent was denied by the USPTO back in 2010, but a recent second request resulted in the opening of a reexamination proceeding, and the current invalidation.

The USPTO also declared all twenty claims in Apple's "rubber-banding" patent, aka U.S. Patent No. 7,469,381, invalid in a non-final Office action back in October. The patent in question, "List scrolling and document translation, scaling, and rotation on a touch-screen display," describes what happens when iOS users reach the end of a scrolling list or pane, among other things. Users see the screen somewhat "bounce" as if its connected to the device with rubber bands.

Yet now with three patent strikes against Apple, it's unclear if the findings will have any impact on its case against Samsung. All three are merely temporary invalidations, and it could be years before the USPTO presents a final verdict.

"Many patent claims that are rejected at this stage do ultimately survive," Foss Patents said earlier this month. "There are many steps inside the USPTO, followed by a potential appeal to the Federal Circuit. But it would be a mistake to underestimate the significance of a first Office action. Also, a complete rejection of all claims of a given patent is potentially more devastating than one affecting only some claims."

Apple and Samsung have been locked in a patent war across more than ten countries world-wide for some time. Unfortunately, verdicts haven't been consistent on a global scale, blurring the line between who is wrong and who is right in the overall infringement dispute. As an example, back in October the Dutch court ruled that Samsung did not infringe on Apple's multi-touch patent despite the U.S. ruling.

Representatives for Samsung and Apple have yet to make a comment on the new patent invalidation.

 

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Top Comments
  • 22 Hide
    A Bad Day , December 21, 2012 12:08 AM
    For USPTO:

    Invalidating an absurd patent: One step forward

    Green-lighting an absurd patent: One step backward.


    And it seems as if it's taking more steps backward than forward sadly...
  • 14 Hide
    davewolfgang , December 21, 2012 12:20 AM
    Are they finally realizing they are looking stupiderer-er-er-er every time they "approve" one of these that EVERYONE KNOWS has been around for years?

    Or are they maybe worried about actually losing their jobs because of all the junk they are approving...??
  • 12 Hide
    digiex , December 21, 2012 1:27 AM
    The sympathy towards Job's death is fading, and also with Apple's luster.
Other Comments
    Display all 23 comments.
  • 22 Hide
    A Bad Day , December 21, 2012 12:08 AM
    For USPTO:

    Invalidating an absurd patent: One step forward

    Green-lighting an absurd patent: One step backward.


    And it seems as if it's taking more steps backward than forward sadly...
  • 14 Hide
    davewolfgang , December 21, 2012 12:20 AM
    Are they finally realizing they are looking stupiderer-er-er-er every time they "approve" one of these that EVERYONE KNOWS has been around for years?

    Or are they maybe worried about actually losing their jobs because of all the junk they are approving...??
  • 12 Hide
    wannabepro , December 21, 2012 12:25 AM
    I am going to patent the right to be stupid.

    OH WAIT. The USPTO already did...
  • 5 Hide
    A Bad Day , December 21, 2012 12:26 AM
    wannabeproI am going to patent the right to be stupid.OH WAIT. The USPTO already did...


    How are you going to patent it? IBM has or filed a patent on a process of filing a patent.
  • 8 Hide
    wannabepro , December 21, 2012 12:48 AM
    A Bad DayHow are you going to patent it? IBM has or filed a patent on a process of filing a patent.

    Good point..
    We could pull an Apple and sue them..
  • 7 Hide
    nukemaster , December 21, 2012 1:01 AM
    Bout damn time
  • 3 Hide
    A Bad Day , December 21, 2012 1:12 AM
    wannabeproGood point.. We could pull an Apple and sue them..


    IBM files more patents annually than Apple does.
  • 10 Hide
    benji720 , December 21, 2012 1:17 AM
    I feel like there should be a massive cash penalty toward a company every time that company's patent gets invalidated. It could be 3% of their gross annual sales of the device in question. The money could go to school systems. It would discourage the rampant abuse we see and encourage more competition. It would definitely lead to fewer and more carefully worded patents.
  • 0 Hide
    JamesSneed , December 21, 2012 1:20 AM
    I would venture a guess IBM files more patents per month than Apple does annually. IBM has been for years and 2011 was no different it was granted 6180 patents for the top spot of number of patents granted. Apple doesn't make the top 10 but Samsung was number 2 in 2011.
  • 12 Hide
    digiex , December 21, 2012 1:27 AM
    The sympathy towards Job's death is fading, and also with Apple's luster.
  • 6 Hide
    bustapr , December 21, 2012 1:31 AM
    this just makes the USPTO look worse than if it had approved it. because of the USPTO former opinions on this patent, you could say the samsung $1 billion ruling was unjustified. the worst part is that samsung ws already denied appeal for some very odd reason. how the hell could an appeal not be approved for such a big case where the decision was made in 2 days...

    USPTO really stepped in shit here
  • 9 Hide
    freggo , December 21, 2012 1:48 AM
    otacon72Samsung is still out a billion...don't think Apple cares all that much..lol


    What makes you think that?
    Nothing has been 'paid' as there is no final judgement to all this.
    But Samsung, thanks to Apple, got a huge boost in Sales making them the #1 player in the Mobile market now; they raised their chip prices on Apple as well and Apples Market value went down some 200 Billion so far.
  • 3 Hide
    freggo , December 21, 2012 1:49 AM
    "quest to squash both rival Samsung and Android."

    Good one... that train has left the station !
  • 5 Hide
    palladin9479 , December 21, 2012 2:18 AM
    And history continues to repeat itself. The Apple smartphone will end up in the exact same position as the Macintosh PC did.
  • 0 Hide
    Anonymous , December 21, 2012 2:42 AM
    Ideally patents are meant to stimulate and protect creativity, and intellectual properties that is if they are clever and smart ones but so far the laws are shielding stupid and outdated patents that stifle creativity.Both Apple and Samsung are guilty of hiding behind patents to stifle creativity and competition.
  • 5 Hide
    acadia11 , December 21, 2012 4:21 AM
    Patent office need to do its homework most of apples patents are prior art,even the iPhone name!
  • 7 Hide
    darkavenger123 , December 21, 2012 4:35 AM
    I can't believe there's still people lining up to buy iPhone5 at midnight. Never underestimate the power of stupid people.
  • 5 Hide
    Solandri , December 21, 2012 8:02 AM
    A Bad DayIBM files more patents annually than Apple does.

    IBM spends more than 2.6x as much money on R&D as Apple does. Despite Apple having 1.5x the revenue and 2.3x the market capitalization.
    http://www.booz.com/global/home/what_we_think/global-innovation-1000/top-innovators-spenders/51180614

    The IBM patents are high quality, technical patents too. They're acknowledged industry leaders in many research fields, and the world's leading company when it comes to publishing in scientific journals. Field effect transistor memory, scanning tunneling microscope, ultraviolet laser surgery (used in LASIK), giant magneto-resistive read-write heads (produced an order of magnitude increase in hard disk capacity), carbon nanotube manufacture - all IBM. None of this pansy stuff like design patents or things everyone already knew how to do but put it on a cell phone patents.
    http://www.scimagolab.com/blog/2012/worlds-top-100-companies-by-scientific-knowledge-production-a-scientometric-characterization-scopus-2003-2010/
  • 1 Hide
    CrArC , December 21, 2012 9:15 AM
    darkavenger123I can't believe there's still people lining up to buy iPhone5 at midnight. Never underestimate the power of stupid people.
    Seriously?? I feel better that I'm still pining for a Nexus 4, now. Not that I was waiting in line or anything, more staring at the forever-sold-out notice on the Play store -_-
  • 0 Hide
    TeraMedia , December 21, 2012 7:00 PM
    I must be dreaming! Somebody pinch me.
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