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

appleinsider.com

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

#3
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).

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.

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, ...).

Here's a radical idea: Maybe the patent office should work harder to not grant patents it is likely to invalidate later.

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

#5
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.

http://www.guardian.co.uk/technology/2012/sep/14/motorola-mo...

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

#7
post #3

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). 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…

> The USPTO does not receive any funding from general taxation sources. Rather, the agency is fully funded by the fees paid by patent applicants and patent owners.

This is probably a big part of why the USPTO sucks. If they had the resources to hire dozens and dozens of industry experts, and pay them aggressively competitive wages, they could probably fix most of the problems most of us have with the system as a whole.

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

#8
post #5

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. http://www.guardian.co.uk/technology/2012/sep/14/motorola-mo...

Makes no difference in the EU.

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

#9
post #6
post #2

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.

Or they could just do their own thing.

I'd argue that Apple is the one needing to do its own thing now. Their patent is being invalidated, that means that what they though it was original is not.

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

#10
post #6
post #2

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.

Or they could just do their own thing.

The glass tilt I'm referring to is distinctive from the iOS bounce, yet it seems they're still erring on the side of caution.
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