Oct 23 AT 8:36 AM Nick Gray 53 Comments

Apple’s rubber-banding patent used to beat Samsung in court tentatively invalidated by Patent Office

apple_patent_generic (1)

Apple’s infamous rubber-banding patent (Patent No. 7,469,381), a key player in its $1 billion victory over Samsung earlier this year, may not be as solid as Apple had hoped. While the jury in the Apple versus Samsung  case found the patent’s claims to be valid and concluded that all 21 Samsung phones had infringed upon it, a review of the patent by the United States Patent and Trademark Office declared all 20 claims of Apple’s patent to be invalid.

New findings by the Patent Office show that Apple’s 7,469,381 patent lacks novelty and obviousness based on findings within PCT Publication No. WO 03/081458 held by AOL/Luigi Lira.

Even though the United States Patent and Trademark Office’s decision to invalidate Apple’s 7,469,381 patent is still tentative, that did not stop Samsung’s lawyers from sharing the information with Judge Koh in a late-night filing. The final determination by the US Patent Office could have a huge impact on the outcome of the Apple versus Samsung case as they go through the appeals process over the next few months.

Source: FOSS Patents

Nick is a tech enthusiast who has a soft spot for HTC and its devices. He started HTCsource.com (the first HTC blog) back in 2007 and later joined the Android and Me family in the summer of 2010.

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  • iPad mini on pre-order

    Hidden due to low comment rating. Click here to see.

    • redraider133

      Uum this is good for samsung or maybe you just fail at reading?

    • Simon

      Great, congrats with the iPad mini AKA. iPad Air. By the way you misunderstood something, its Apple thats getting its ass kick right now, they could lose all the 1 billion now. One more thing, try to be nice, you are very mean, thats one of the things we hate about your apple fans. But you probably won’t read this.

    • Christopher Nacca

      lol this cracked me up, he just didnt understand it completely

      • zerosix

        Apple fanboys don’t have brain, that’s why I don’t understand you surprise.

    • Galen20K

      uhhh, are you not able to actually read and understand this Article?? lol this is VERY good for Samsung. these trolls get more and more pathetic by the day. – )

    • car

      I don’t think you get it…

    • http://ArtisticAbode.com BetterWithRoot

      Yeah! That’ll show Samsung! Invalidate those Apple Patents…wait…what?

    • BruceCLin

      Someone can’t read. How sad. ;’(

    • shadhussain

      i don’t like insulting people’s intelligence on these blogs, but this comment is embarrassingly stupid.

    • clocinnorcal

      LOL! Wow, can you read?

    • OnIn2

      Based on the lack to reading comprehension, I’m starting to believe these non-member posts are actually bots. I first started noticing it on the LG Nexus articles.

      Perhaps A&M should look into “prove you are a human” technology if you post without logging in. I’ll defer the IQ test required to post for another comment. Hello Richard !

    • Zyo

      Reading fail…

      • iPad mini on pre-order

        Nice – i counted 16 meandroids that ran into the troll trap.
        LMAO, i cant believe you fell for the initial post, but there are always people that take the bait :-D :X

        • Zyo

          I’m glad that Walmart is giving you a lot of free time during breaks.

    • Richard Yarrell

      Piss on Apple and it’s useless iphone and the people clueless joe’s who use it..Samsung has been pissing all over apple for years now, The Galaxy S3 as well as the upcoming Galaxy Note 2 shit all over anything apple makes…

      • squiddy20

        “Piss on Apple and it’s useless iphone and the people clueless joe’s who use it” Says the “clueless joe” who said Verizon’s *low* frequency LTE doesn’t penetrate buildings well or thinks the Samsung Moment, which was only ever sold by Sprint (CDMA only), was also sold on Metro PCS, Boost Mobile, Simple Mobile (a secondary carrier that runs off of T-Mobile’s GSM/HSPA+ network), and countless other minor carriers.
        You’ve also stated you were “looking into” rooting your Galaxy Nexus for upwards of 2 months, but more than likely never did. I mean, you had to have the Bowery Mission teach you how to use a computer, so your computer skills are probably still lacking.
        Then there’s the fact that whatever device you currently own is “BOSS” or “pimp slapping” all other phones, a tune which changes every 8 or so months. You also think getting a $200-$350 *carrier subsidized* phone is “rolling with the big boys” or implies that you’re “made of money”. Yep, you belong right with those “clueless joe’s”.

    • human

      I think you read it like this:
      “Apple’s rubber-banding patent used to beat Samsung in court”
      There’s more to it, however.

  • poosh2010

    hahaha, they decide to look into the patent’s claims AFTER accepting it and allowing apple to run wild with it. that’s got to be embarassing! this is definitely a step in the right direction and great news for android fans everywhere!

    • LukeT32

      I think it just goes to show how flawed the patent system is and how it needs to be re-evaluated.

      • http://htcsource.com Nick Gray

        Completely agree. Most patents are approved with less than 15 hours of work going into them .Patents from larger companies usually have a higher approval rate since the submissions are more complete and give the appearance that the company did its due diligence when researching to make sure there is no prior art or other patents which make the same claims.

        • Joel

          Good point Nick.

          “Even though the United States Patent and Trademark Office’s decision to invalidate Apple’s 7,469,381 patent is still tentative, that did not stop Samsung’s lawyers from sharing the information with Judge Koh in a late-night filing.”

          Hell yes! whether its concrete or an idea..when it comes to trials and appeals, planting a seed of doubt or confidence plays a pretty big role. Apple and Samsung both have a formidable legal team…but Apple would have done the exact same had they been in Samsung’s position.

        • poosh2010

          does this mean my pending patent for doing things “like a boss” might not get approved??

          • http://ArtisticAbode.com BetterWithRoot

            I think the Lonely Island Boys beat ya too it.

            You can take the Apple approach and sue them saying you thought of it first though.

          • BruceCLin

            Well that depends on if your bossness® is innovative.

          • DroidRocka
        • jei

          you are incorrect sir, patents do not get approved so easily as you claim, i have cases that have been in prosecution for 3-4 years, if the company doesn’t want abandon an application they will maintain it alive for as long as they want to by submitting RCE (Request for continued examination) until the point the amend the case where finding prior art becomes illogical.
          The system needs updating because of our current tech but in its most basics the system was a very well thought out system.
          And approval rate is not as high for large entities as compared to small entities. furthermore we are all humans doing the work of researching and searching, looking into several databases (remember we not only search databases but we also search the internet) performing hundreds of queries and cross referencing, if you think the job is that simple you should apply the PTO is hiring.
          Like i said the system is not perfect but the main problem is that companies abuse it because is not perfect. and that they have been trying to resolve for a while now. (specially with these “software” patents)

          • kinderdm

            Hah, patent office page says they have no openings for patent examiners but when you click on their own link to USA jobs they have three patent examiner positions posted. The patent system is indeed broken if they cant even tell if they are hiring or not.

    • Jonathan

      Imo it seems that they were taking shortcuts to get things patented, or had someone on the inside allowing them to have this ridiculous ip’s patented. Something was definitely over looked or someone was getting paid for special favors…but i hope if that is the fact that they find these cracks & fix it & keep a close eye on patents instead of letting any company cause & stifle innovations & ideas because of there bad jobs.

  • Galen20K

    This is quite Excellent news that could help right a HUGE wrong that is this trifling patent case and serve for a future reminder to Apple before they file similar cases in the future.

  • NeedName

    If we remember back to Google’s comment about the $1 billion verdict – they were hinting at the fact that these patents apple has on their iCrap will be looked at again by the patent office. In other words, Google and others are digging through patents to put in front of patent officers to demonstrate just how obvious nearly all of apple’s patents are.

  • Max.Steel

    There is a God!

    • mattcoz

      I think this God may have his priorities out of whack if this is what he worries about.

      • http://ArtisticAbode.com BetterWithRoot

        Well, we do have Facebook “Likes” for poverty and human exploitation. So God can worry about things like patent reform…You know, the important things.

      • Graham Steffaniak

        Now a god that has to have priorities isnt really God.

  • Ardrid

    I would love to give credit where credit is due, but the USPTO had absolutely no business granting that patent in the first place, or any of the other patents granted to Apple in spite of mountains of prior art. At least they got it right the second time around, though it would’ve been nice if they could’ve done that before the case went to trial.

  • Lawrence

    Although I am glad to see the case might turn on Apple, it is dismaying that people will put allegience in a “thing” or brand that cares nothing and will do little for them. If you are so trite and feeble minded that you lambast others for their freedom of choice in consumer products, you have major issues and are probably a main contributor to what’s wrong with society. People need to get some priorities and a life. Damn sheeple!

    • Jonathan

      You took the words right out of my mouth,i never understood how isheeps could praise a company that destroys innovation & would only give them Bluetooth in a time when phones have,nfc,dlna, Wi-Fi direct & more & be so blind as to think that Apple charging them more than premium prices for a phone that has none of that Would believe there phone is worth its price or even the best thin phone or out.

  • J Liu

    In the beginning Xerox PARC created the GUI and the Mouse.

    And the Apple II was without form, and void; and darkness was upon the face of the PC Industry. And the Steve of Jobs moved upon the innards of the IP of PARC.

    And Jobs said, let’s copy the look and feel of PARC’s Star Computer: and there was Lisa and Macintosh.

    And Jobs said, Behold, the Microsoft Windows is become as one of us, to know look and feel: Lets sue them for infringement of IP.

    Hahaha, they didn’t get away with that then and they are not getting away with Android this time either.

  • kazahani

    I have one word:

    BAHAHAHAHAHAHA.

  • J Liu

    It looks like it’s ok for Samsung to use prior art after all. And since Apple does not need to hang onto its precious patents anymore, it might just as well use Android on its iPhants. By not pretending anymore it is an innovator, it can focus on marketing and leave the innovation to the whole industry, instead of harassing everybody else with lawsuits.

  • Jonathan

    Does this mean that Apple will have to pay back the $1 billion? If so they should have to pay off Samsung’s court expenses, loss of sales having Samsung remove most of there phones & stopping sales in Germany…because if this patent is lacking then the other patents where they claim a “rectangular object with rounded corners” are just ridiculous, hopefully this will open a reviewing of all patents related to the iPhone. And I’ll bet we’ll see some arrests do to bribery because these patents are to obvious & is the nature of electronics. I could grab a science fiction comic book & you’ll see devices that inspired the”look & feel” of today’s gadgets.there patents are as stupid as patenting a structure on for wheels.

    • J Liu

      Hush, hush, I heard Banana patented “round objects with rectangular corners”. And Mango plans to sue.

  • Dorkstar

    I think Samsung said it best when they said they always agreed to let technology involve without the need to ever sue anyone even if they used the same or similar technology. So I’m all for Samsung taking Apple to court for the next 10 years to not only waste their time but to get this overturned.

  • StillApple

    I was one of those “lucky” few who managed to buy Nexus 4 from Google when they released it 4 weeks ago. Having used it since I must say it is a huge disappointment. I am switching back to iPhone in early 2013. Android is indeed a bad, not user friendly and most important ugly copy of iOS. The user experience on android is so bad I only use it for sending messages and occasional calls. Have downloaded some ups and widgets but they are SO ugly I can’t even look at them. In other words apple has high standards Google will not be able to reach.

  1. iPad mini on pre-orderGuest 2 years ago

    Hidden due to low comment rating. Click here to see.

    • Uum this is good for samsung or maybe you just fail at reading?

    • SimonGuest 2 years ago

      Great, congrats with the iPad mini AKA. iPad Air. By the way you misunderstood something, its Apple thats getting its ass kick right now, they could lose all the 1 billion now. One more thing, try to be nice, you are very mean, thats one of the things we hate about your apple fans. But you probably won’t read this.

    • Christopher NaccaGuest 2 years ago

      lol this cracked me up, he just didnt understand it completely

    • uhhh, are you not able to actually read and understand this Article?? lol this is VERY good for Samsung. these trolls get more and more pathetic by the day. – )

    • carGuest 2 years ago

      I don’t think you get it…

    • Yeah! That’ll show Samsung! Invalidate those Apple Patents…wait…what?

    • Someone can’t read. How sad. ;’(

    • i don’t like insulting people’s intelligence on these blogs, but this comment is embarrassingly stupid.

    • LOL! Wow, can you read?

    • Based on the lack to reading comprehension, I’m starting to believe these non-member posts are actually bots. I first started noticing it on the LG Nexus articles.

      Perhaps A&M should look into “prove you are a human” technology if you post without logging in. I’ll defer the IQ test required to post for another comment. Hello Richard !

    • ZyoGuest 2 years ago

      Reading fail…

      • iPad mini on pre-orderGuest 2 years ago

        Nice – i counted 16 meandroids that ran into the troll trap.
        LMAO, i cant believe you fell for the initial post, but there are always people that take the bait :-D :X

    • Piss on Apple and it’s useless iphone and the people clueless joe’s who use it..Samsung has been pissing all over apple for years now, The Galaxy S3 as well as the upcoming Galaxy Note 2 shit all over anything apple makes…

      • squiddy20Guest 2 years ago

        “Piss on Apple and it’s useless iphone and the people clueless joe’s who use it” Says the “clueless joe” who said Verizon’s *low* frequency LTE doesn’t penetrate buildings well or thinks the Samsung Moment, which was only ever sold by Sprint (CDMA only), was also sold on Metro PCS, Boost Mobile, Simple Mobile (a secondary carrier that runs off of T-Mobile’s GSM/HSPA+ network), and countless other minor carriers.
        You’ve also stated you were “looking into” rooting your Galaxy Nexus for upwards of 2 months, but more than likely never did. I mean, you had to have the Bowery Mission teach you how to use a computer, so your computer skills are probably still lacking.
        Then there’s the fact that whatever device you currently own is “BOSS” or “pimp slapping” all other phones, a tune which changes every 8 or so months. You also think getting a $200-$350 *carrier subsidized* phone is “rolling with the big boys” or implies that you’re “made of money”. Yep, you belong right with those “clueless joe’s”.

    • humanGuest 2 years ago

      I think you read it like this:
      “Apple’s rubber-banding patent used to beat Samsung in court”
      There’s more to it, however.

  2. poosh2010Guest 2 years ago

    hahaha, they decide to look into the patent’s claims AFTER accepting it and allowing apple to run wild with it. that’s got to be embarassing! this is definitely a step in the right direction and great news for android fans everywhere!

    • I think it just goes to show how flawed the patent system is and how it needs to be re-evaluated.

      • Completely agree. Most patents are approved with less than 15 hours of work going into them .Patents from larger companies usually have a higher approval rate since the submissions are more complete and give the appearance that the company did its due diligence when researching to make sure there is no prior art or other patents which make the same claims.

        • Good point Nick.

          “Even though the United States Patent and Trademark Office’s decision to invalidate Apple’s 7,469,381 patent is still tentative, that did not stop Samsung’s lawyers from sharing the information with Judge Koh in a late-night filing.”

          Hell yes! whether its concrete or an idea..when it comes to trials and appeals, planting a seed of doubt or confidence plays a pretty big role. Apple and Samsung both have a formidable legal team…but Apple would have done the exact same had they been in Samsung’s position.

        • poosh2010Guest 2 years ago

          does this mean my pending patent for doing things “like a boss” might not get approved??

        • jeiGuest 2 years ago

          you are incorrect sir, patents do not get approved so easily as you claim, i have cases that have been in prosecution for 3-4 years, if the company doesn’t want abandon an application they will maintain it alive for as long as they want to by submitting RCE (Request for continued examination) until the point the amend the case where finding prior art becomes illogical.
          The system needs updating because of our current tech but in its most basics the system was a very well thought out system.
          And approval rate is not as high for large entities as compared to small entities. furthermore we are all humans doing the work of researching and searching, looking into several databases (remember we not only search databases but we also search the internet) performing hundreds of queries and cross referencing, if you think the job is that simple you should apply the PTO is hiring.
          Like i said the system is not perfect but the main problem is that companies abuse it because is not perfect. and that they have been trying to resolve for a while now. (specially with these “software” patents)

          • Hah, patent office page says they have no openings for patent examiners but when you click on their own link to USA jobs they have three patent examiner positions posted. The patent system is indeed broken if they cant even tell if they are hiring or not.

    • JonathanGuest 2 years ago

      Imo it seems that they were taking shortcuts to get things patented, or had someone on the inside allowing them to have this ridiculous ip’s patented. Something was definitely over looked or someone was getting paid for special favors…but i hope if that is the fact that they find these cracks & fix it & keep a close eye on patents instead of letting any company cause & stifle innovations & ideas because of there bad jobs.

  3. This is quite Excellent news that could help right a HUGE wrong that is this trifling patent case and serve for a future reminder to Apple before they file similar cases in the future.

  4. NeedNameGuest 2 years ago

    If we remember back to Google’s comment about the $1 billion verdict – they were hinting at the fact that these patents apple has on their iCrap will be looked at again by the patent office. In other words, Google and others are digging through patents to put in front of patent officers to demonstrate just how obvious nearly all of apple’s patents are.

  5. I would love to give credit where credit is due, but the USPTO had absolutely no business granting that patent in the first place, or any of the other patents granted to Apple in spite of mountains of prior art. At least they got it right the second time around, though it would’ve been nice if they could’ve done that before the case went to trial.

  6. LawrenceGuest 2 years ago

    Although I am glad to see the case might turn on Apple, it is dismaying that people will put allegience in a “thing” or brand that cares nothing and will do little for them. If you are so trite and feeble minded that you lambast others for their freedom of choice in consumer products, you have major issues and are probably a main contributor to what’s wrong with society. People need to get some priorities and a life. Damn sheeple!

    • JonathanGuest 2 years ago

      You took the words right out of my mouth,i never understood how isheeps could praise a company that destroys innovation & would only give them Bluetooth in a time when phones have,nfc,dlna, Wi-Fi direct & more & be so blind as to think that Apple charging them more than premium prices for a phone that has none of that Would believe there phone is worth its price or even the best thin phone or out.

  7. J LiuGuest 2 years ago

    In the beginning Xerox PARC created the GUI and the Mouse.

    And the Apple II was without form, and void; and darkness was upon the face of the PC Industry. And the Steve of Jobs moved upon the innards of the IP of PARC.

    And Jobs said, let’s copy the look and feel of PARC’s Star Computer: and there was Lisa and Macintosh.

    And Jobs said, Behold, the Microsoft Windows is become as one of us, to know look and feel: Lets sue them for infringement of IP.

    Hahaha, they didn’t get away with that then and they are not getting away with Android this time either.

  8. I have one word:

    BAHAHAHAHAHAHA.

  9. J LiuGuest 2 years ago

    It looks like it’s ok for Samsung to use prior art after all. And since Apple does not need to hang onto its precious patents anymore, it might just as well use Android on its iPhants. By not pretending anymore it is an innovator, it can focus on marketing and leave the innovation to the whole industry, instead of harassing everybody else with lawsuits.

  10. JonathanGuest 2 years ago

    Does this mean that Apple will have to pay back the $1 billion? If so they should have to pay off Samsung’s court expenses, loss of sales having Samsung remove most of there phones & stopping sales in Germany…because if this patent is lacking then the other patents where they claim a “rectangular object with rounded corners” are just ridiculous, hopefully this will open a reviewing of all patents related to the iPhone. And I’ll bet we’ll see some arrests do to bribery because these patents are to obvious & is the nature of electronics. I could grab a science fiction comic book & you’ll see devices that inspired the”look & feel” of today’s gadgets.there patents are as stupid as patenting a structure on for wheels.

    • J LiuGuest 2 years ago

      Hush, hush, I heard Banana patented “round objects with rectangular corners”. And Mango plans to sue.

  11. I think Samsung said it best when they said they always agreed to let technology involve without the need to ever sue anyone even if they used the same or similar technology. So I’m all for Samsung taking Apple to court for the next 10 years to not only waste their time but to get this overturned.

  12. StillAppleGuest 2 years ago

    I was one of those “lucky” few who managed to buy Nexus 4 from Google when they released it 4 weeks ago. Having used it since I must say it is a huge disappointment. I am switching back to iPhone in early 2013. Android is indeed a bad, not user friendly and most important ugly copy of iOS. The user experience on android is so bad I only use it for sending messages and occasional calls. Have downloaded some ups and widgets but they are SO ugly I can’t even look at them. In other words apple has high standards Google will not be able to reach.