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Apple’s crucial overscroll bounce patent claim is valid, U.S. patent office says

The U.S. Patent and Trademark office has confirmed four claims of Apple’s overscroll bounce patent, including a claim that played a crucial part in Apple’s $ 1.05 billion dollar lawsuit against Samsung, according to a document filed with a Californian court on Thursday.

Apple’s “list scrolling and document translation, scaling, and rotation on a touchscreen display” patent describes a way to scroll past a document’s border. When a user reaches the edge and stops scrolling, the screen bounces back to the nearest display area.

The most important claim in the patent is claim 19. During the Apple/Samsung billion dollar patent trial, the jury found that 21 accused products infringed claim 19, and the jury awarded damages regarding 18 of these products. Samsung’s Galaxy S II, Galaxy Tab, Galaxy Tab 10.1 (WiFi), as well as the Droid Charge and the Nexus S 4G were among the infringing devices.

patent

While the USPTO rejectedclaim 19 of the patent in a decision called a “Final Office Action” in April, the USPTO now has informed Apple that it intends to reverse that decision in a notice of intent to issue an ex parte reexamination certificate of the claims, according to a document filed by Apple with the U.S. District Court, Northern District of California, San Jose Division.

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Key Claim of Apple’s ‘Rubber Banding’ Patent Used Against Samsung Confirmed

Apple’s “rubber banding” patent (U.S. No. 7,469,381) has been under heavy scrutiny in recent months, with a number of claims found invalid in two different rulings.

The patent, which pertains to the ability for content displayed on iOS devices to “bounce back” when a user scrolls to the top or the bottom of a page, is significant because it is one that was successfully used by Apple against Samsung in the ongoing legal dispute that saw Apple awarded with more than a billion dollars.

According to FOSS Patents, Apple has scored a major victory in regards to the ’381 patent, having just received notice that the United States Patent and Trademark Office (USPTO) will issue a reexamination certificate that confirms the formerly invalidated claim 19, which was the portion of the patent used against Samsung. In April, three other claims were also confirmed.

reexamination

As a result of this new reexamination certificate, claim 19 will enjoy an enhanced presumption of validity against the invalidity theories the patent office evaluated. Instead of invalidation in mid–2017 or later, this patent has now been confirmed in mid–2013.

Apple would presumably have liked to salvage even more claims than the seven claims the patent office is now going to confirm, but claim 19 is the one that matters in the dispute with Samsung, and it’s now stronger than ever.

Samsung has, at multiple points in time, attempted to have the rubber banding patent declared invalid and has also attempted to use the question of the patent’s validity as a reason to delay the November trial that will redetermine a portion of the damages that Samsung must pay to Apple after the original $1 billion ruling was partially thrown out due to jury error.

With the new reexamination certificate, it is unlikely that Samsung will be able to delay or avoid the November trial that will levy additional damages against the company.


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Samsung CEO says “patent disputes with Apple will continue”

While Apple was able to settle its past patent disputes with both Nokia and HTC, its ongoing legal battles against Samsung show no signs of slowing down.

According to the Korea Times, Samsung CEO Shin Jong-kyun recently spoke to reporters and indicated that an all encompassing settlement agreement with Apple isn’t on the horizon.

The CEO confirmed Samsung has no intention of ending the patent disputes with Apple.

“Patent disputes against Apple will continue,” Shin said.

The paper notes that Jong-kyun’s remarks are the first he’s made about Apple since the ITC in early June ordered an import ban against older generation iPhones and iPads for infringing upon standard essential patents owned by Samsung.

With a multitude of legal cases in jurisdictions across the globe, it would appear, at this point, that both Apple and Samsung will continue to fight this out until the bitter end. After all, Apple and Samsung together account for nearly 100% of the profits in the smartphone market and it stands to reason that neither side is sufficiently motivated to back down in any way.

That’s all well and good, but the problem with these patent disputes is that by the time they ultimately go to trial, the products and designs in question may very well be irrelevant.

Tim Cook himself said as much while testifying in front of Congress this past May. Though he was in D.C. to discuss Apple’s tax practices, Cook at one point was asked about the state of IP in the tech industry.

Cook replied,

I think the US Court system is currently structured in such a way that tech companies aren’t getting the intellectual property protection they need. Our cycles are fast, the court system is very long and the foreign competitors in the US can quickly take IP and use it and ship products with it and they’re to the next product as well. I would love to see conversations between countries and see protections between IP globally. For us, our intellectual property is so important, I would love the system to be strengthened in order to protect it.

Samsung CEO says “patent disputes with Apple will continue” originally appeared on TUAW – The Unofficial Apple Weblog on Thu, 13 Jun 2013 19:00:00 EST. Please see our terms for use of feeds.

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Samsung CEO says Galaxy S4 sales are fine, doesn’t foresee patent truce with Apple

Samsung CEO J.K. Shin had a lot to say this week, reassuring investors that the company’s latest flagship smartphone is indeed selling well, while at the same time dismissing the notion that the company is anywhere close to d?tente with its chief rival, Apple.


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Apple files patent for digital wallet service that pays users to view advertisements

An interesting Apple patent application discovered on Thursday describes a hybrid digital wallet and billing service that issues credits and tokens to users, which can then be exchanged for real world goods or services like a cellular phone bill.


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Apple, THX work to resolve patent lawsuit

This past March audio pioneers THX sued Apple in California’s federal court for patent infringement. The case involves narrow-profile speaker designs that can enhance sound output. THX is claiming the infringement of their 2008 patent is only found in the iPhone 4S, iPhone 5, and some models of the iPad and iMac computer.

Now both sides in the dispute are attempting to settle the case out of court. Bloomberg is reporting that lawyers from Apple and THX have filed a request with San Francisco’s federal court to reschedule a June 14 case-management conference until July 26. The filing explicitly states the reason for rescheduling as “the parties are currently attempting to resolve this matter outside of litigation.”

We’ve included an example of an iMac featuring the speaker design in question above. THX was founded by George Lucas in 1983 as a division of Lucasfilm. A majority stake in the company was sold to Creative Labs in 2002.

Apple, THX work to resolve patent lawsuit originally appeared on TUAW – The Unofficial Apple Weblog on Wed, 05 Jun 2013 16:30:00 EST. Please see our terms for use of feeds.

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Apple looks to resolve THX speaker tech patent suit out of court

Lawyers for Apple and THX are currently working to resolve a patent lawsuit between the two companies without the matter having to head to court.







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ITC orders import ban on some iPhones, iPads in Samsung patent dispute

Apple infringed a Samsung Electronics patent, the U.S. International Trade Commission said in a final judgment released Tuesday that bans import into the U.S. of certain AT&T iPhone and iPad models.

The patent involves 3G wireless technology used to transmit multiple services simultaneously and is necessary for device interoperability. The ITC found that Samsung did not prove that three other of its patents were violated by Apple.

The full panel of ITC commissioners reviewed a decision by ITC Judge James Gildea, who had found that Apple did not infringe four Samsung patents in a decision released in September. Commissioner Dean Pinkert dissented in the 4-1 ruling that found Apple in violation of one patent in the dispute. The ITC began an investigation on Aug. 1, 2011, after Samsung filed a complaint against Apple in what has been a multiple-pronged legal battle involving courts around the world.

The import ban, or “exclusion order” as it is officially called, affects AT&T models of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G. The ITC also went a step further, issuing a cease-and-desist order so that Apple is forbidden from selling any inventory of those iPhones and iPads that it has already imported into the U.S. after the exclusion order takes effect.

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Obama Targets Patent Trolls with Proposed Legislative Changes

obamaPresident Obama has today announced a set of executive actions directed at cracking down on patent-holding firms that interfere with competition and abuse the patent system, reports The Wall Street Journal. Many technology companies, such as Apple, have dealt with multiple lawsuits from so-called “patent trolls,” which aim to make money through licensing fees.

Mr. Obama’s actions, which include measures he wants Congress to consider, are intended to target firms that have forced technology companies, financial institutions and others into costly litigation to protect their products. These patent-holding firms amass portfolios of patents more to pursue licensing fees than to build new products.

The firms say they are doing nothing wrong, just using patents that were legally granted by the U.S. Patent and Trademark Office. They say they promote a fair market by protecting smaller inventors.

Obama has constructed a five-step plan with a total of seven legislative changes, which will be released as part of a White House report on patent trolls. The plan includes a recommendation that the U.S. Patent and Trademark Office create rules that require patent owners to be identified and a request for Congress to pass legislation that puts sanctions on questionable lawsuits filed by patent-holding firms.

Additionally, Obama hopes to cut down on the International Trade Commission’s involvement in patent disputes. Claims filed with the ITC are often resolved more quickly than standard federal lawsuits.

The Obama administration would like Congress to change certain ITC legal standards and ensure that the agency has flexibility in hiring its judges. The president will order a review of existing procedures at the ITC, officials said.

Reliance on the ITC has not been limited to patent trolls, as a number technology companies like Apple, Samsung, and Google have increasingly used the International Trade Commission to settle a number of patent disputes.

According to President Obama, patent-holding firms are a drain on progress. The firms, he says, “don’t actually produce anything themselves. They’re just trying to essentially leverage and hijack someone else’s idea to see if they can extort some money out of them.”

Over the years, Apple has faced litigation from a number of patent-holding companies like Lodsys, which has targeted app developers over in-app purchases, and VirnetX, a company that was awarded $368.2 million over VPN connectivity in Facebook in 2012.

Note: Due to the political nature of the discussion regarding this topic, the comment thread is located in our Politics, Religion, Social Issues forum. All MacRumors forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.


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Obama to propose plan targeting Patent Trolls

Obama to propose plan targeting Patent Trolls

With well over $ 100 billion in the bank, it’s no great surprise that Apple, more than any other company on the planet, finds itself on the receiving end of lawsuits initiated by patent trolls. In 2012 alone, Apple was hit with 44 lawsuits from patent trolls, otherwise known as non-practicing entities (NPE).

Seemingly, barely a week goes by without news of an obscure and often shady company taking Apple to court for allegedly infringing upon some questionable patent that was acquired second or third hand.

While many topics in the tech world are often the cause of intense and passionate debate, the one issue that seemingly everyone can agree upon is that patent trolls are nothing more than poisonous entities looking to make a quick buck by piggybacking off of the success of others. Lodsys, for example, comes to mind.

All that said, there may be good news on the horizon.

The Wall Street Journal is reporting that President Barack Obama on Tuesday will announce a new plan intent on minimizing the prevalence and impact of lawsuits brought forth by patent trolls. All told, Obama’s plan includes five executive actions and seven legislative recommendations.

Mr. Obama’s actions, which include measures he wants Congress to consider, are intended to target firms that have forced technology companies, financial institutions and others into costly litigation to protect their products. These patent-holding firms amass portfolios of patents more to pursue licensing fees than to build new products.

To help deter questionable lawsuits, the Obama administration plans to, among other things, direct the Patent and Trademark Office to start a rule-making process aimed at requiring patent holders to disclose the owner of a patent, according to senior Obama administration officials. Businesses sometimes are sued by shell companies and don’t always know who actually owns the patent they are being accused of infringing, and whether the firm holds other relevant patents.

Obama’s plan will also seek to pass legislation which would slap patent trolls with sanctions when they initiate lawsuits which are found to be abusive.

To his credit, Obama appears to appreciate the threat patent trolls can have on the innovative process and, by extension, the American economy. Back in February, for instance, he remarked that patent trolls exist solely to “leverage and hijack somebody else’s idea and see if they can extort some money out of them.”

Political leanings aside, I imagine that that’s a sentiment most people can get behind.

What’s more, Obama will reportedly recommend that the USPTO to take a more discerning look at overly broad technology patents insofar as they are typically the type of patents wielded by patent trolls. After all, if conveniently vague and seemingly useless patent applications aren’t granted in the first place, patent trolls won’t have any patents to pester other companies with to begin with.

Lastly, the Journal notes that Obama’s plan will also seek to limit the extent to which companies can utilize the International Trade Commission (ITC) to seek import bans against competing products. As it stands now, Apple has a few cases of its own pending at the ITC.

Obama to propose plan targeting Patent Trolls originally appeared on TUAW – The Unofficial Apple Weblog on Tue, 04 Jun 2013 08:30:00 EST. Please see our terms for use of feeds.

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