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.