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USPTO invalidates Apple's "rubber-banding" patent asserted against Samsung

216 点作者 srathi超过 12 年前
Rejoice!

15 条评论

dctoedt超过 12 年前
Some procedural observations:<p>1. The rejection was signed by a primary examiner (i.e., someone who has been at the USPTO for awhile and not a rookie) and was approved by a supervisory primary examiner who oversees reexamination proceedings.<p>2. The rejection is not final (see the unchecked box b near the top of the first page), therefore Apple can and will try to get the examiner to withdraw the rejection.<p>3. The rejection states that the <i>next</i> "Office action" is expected to be final. I would guess that unless Apple can make a compelling case for patentability OR amend claim 19 --- the only claim at issue in the <i>Apple v. Samsung</i> lawsuit --- to get around the prior-art rejection, the rejection of claim 19 will be made final.<p>4. If the examiner does make the rejection of claim 19 final, Apple can appeal to a three-person board of senior USPTO officials, nearly all of whom will be long-time patent examiners. If the board affirms the rejection, Apple can appeal to the courts.<p>5. On the merits, it's helpful to think of claim 19 as an infringement checklist: For that claim to be infringed, <i>every element</i> recited in <i>that</i> claim must be present in the accused product or process [1].<p>(Infringement analysis treats each patent claim as a multi-part AND statement [2]; the statement must return TRUE for infringement to exist.)<p>6. Claim 19 was rejected as being "anticipated." This means that in the examiner's view, every single element of claim 19 can be found in a single prior-art reference --- in this case a patent publication by Lira, and, separately, a patent issued to Ording --- and therefore the claim is unpatentable under 35 USC 102 [3].<p>(If claim 19 is thought of as an AND statement, then in the examiner's view, the AND statement returns TRUE when applied to the Lira reference, and also when applied to the Ording patent [4], and therefore claim 19 is unpatentable.)<p>7. Perhaps importantly, the examiner's rejections over Lira and Ording were made under subsection (b) of 35 USC 102; that is, the "effective dates" of these two prior-art references were more than one year before the effective filing date of the Apple patent in question. This means that Apple won't be able to try to "swear behind" the references, that is, prove that its invention was invented before the effective dates of the Lira and Ording references [5].<p>NOTES:<p>[1] Infringement of a claim can exist even if one or more claim elements are not literally present, as long as the accused product or process has a substantial equivalent of the missing element(s). Note: The doctrine of equivalents is tricky to assert, to prove, and to defend against. See generally <a href="http://en.wikipedia.org/wiki/Doctrine_of_equivalents" rel="nofollow">http://en.wikipedia.org/wiki/Doctrine_of_equivalents</a>.<p>[2] See generally <a href="http://www.oncontracts.com/how-patent-claims-work-a-variety-of-different-and-statements-all-ord-together/" rel="nofollow">http://www.oncontracts.com/how-patent-claims-work-a-variety-...</a><p>[3] <a href="http://www.law.cornell.edu/uscode/text/35/102" rel="nofollow">http://www.law.cornell.edu/uscode/text/35/102</a>.<p>[4] See generally <a href="http://www.oncontracts.com/patent-validity-the-claims-and-statements-cannot-return-true-when-applied-to-prior-art/" rel="nofollow">http://www.oncontracts.com/patent-validity-the-claims-and-st...</a><p>[5] See <a href="http://www.uspto.gov/web/offices/pac/mpep/s715.html" rel="nofollow">http://www.uspto.gov/web/offices/pac/mpep/s715.html</a> --- scroll down to part II.A.
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fpgeek超过 12 年前
This just helps illustrate the absurdity of the US patent system. Samsung and Apple have already been at this for over a year and a half (longer if you count their pre-lawsuit discussions).<p>Now, after we've been through lawsuit filings, discovery, back-and-forth over injunctions and a trial and gotten a verdict... The patent office turns around and says: "On second thought, we shouldn't have issued that patent in the first place.", which itself will be reexamined and appealed and ... adding onto the existing pile of appeals.<p>I happen to think that the patent office's invalidation is correct, but even if you don't... this is no way to run a railroad. Successful reexaminations should be a rare, exceptional case in a properly functioning patent system. Instead, we have case after case turning on them (Oracle v Google, the Lodys reexamination requests, ...).<p>Here's a radical idea: Maybe the patent office should work harder to not grant patents it is likely to invalidate later.
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tveita超过 12 年前
The rubber-band patent was also the patent asserted to make Motorola Mobility recall their phones in Germany. I don't know how these things work, is the patent invalid in Europe now, or must it be investigated separately? Either way I'm guessing this will help their appeal.<p><a href="http://www.guardian.co.uk/technology/2012/sep/14/motorola-mobility-recall-android-tablets-smartphones" rel="nofollow">http://www.guardian.co.uk/technology/2012/sep/14/motorola-mo...</a>
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saurik超过 12 年前
So, one of the patents that was claimed to invalidate this patent is another patent from Apple; does that patent not have any of the same ramifications? (I guess the key claim was #19, and that was also invalidated by the other prior patent?)<p>&#62; ...U.S. Patent No. 7,786,975 on a "continuous scrolling list with acceleration," with named inventors Bas Ording, Scott Forstall, Greg Christie, Stephen O. Lemay and Imran Chaudhri.<p>Assignee: Apple Inc. (Cupertino, CA) Filed: December 23, 2005
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neya超过 12 年前
This is seriously good news for everyone. What this means to me as a start-up guy is that I can tomorrow start a phone company based on an Open Source OS like Android and still not worry about getting sued for trivial BS patents like these. I hope more of such patents are invalidated.
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SethMurphy超过 12 年前
What if when prior art was found for a patent, the real inventor got the patent, free, starting from the date of the invention, not the filing. This would both reward and protect the innovator and punish the copy cat.<p>NOTE: Let us assume a patent is not obvious and too general, which many seem to be.
JimmaDaRustla超过 12 年前
Today was a good day.
xntrk超过 12 年前
It seems like maybe they should have looked at this before when the issued the patent, or maybe just maybe before they Apple Vs. Samsung lawsuit about this patent….
sigzero超过 12 年前
"tentatively"<p>That doesn't sound like a sure thing to me.
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thomaslutz超过 12 年前
They should invalidate all patents which are "obvious", let everybody move on to making great products and not waste all those resources in the courtrooms.
brianchu超过 12 年前
The original blog post that broke the story is here: <a href="http://www.fosspatents.com/2012/10/patent-office-tentatively-invalidates.html" rel="nofollow">http://www.fosspatents.com/2012/10/patent-office-tentatively...</a>
chucknelson超过 12 年前
I should have been a lawyer.
Shooti超过 12 年前
Good news for Android scrolling if this sticks. This is probably whats keeping Google from implementing the "glass tilt" effect from the stock 4.0/4.1 home screen system wide.
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xntrk超过 12 年前
It seems like maybe they should have looked at this before when the issued the patent, or maybe just maybe before the Apple Vs. Samsung lawsuit about this patent….
ankitaggarwal超过 12 年前
Sad. This is not a generic patent. It only seemed obvious now. Its not something that will stop innovation (as people scream about). A scrollbar implemented without rubber-band effect will do just fine. And why was this never implemented before anyways.<p>There is all this hype that "Apple is Bad because they sued Samsung". But considering everything, they had no other choice legally. They had to make a case on some grounds, and these 5-6 patents were the only patents they can sue on. What would've you done to protect ideas you spent years refining?
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