US patent office issues 'final' rejection of Apple's pinch-to-zoom patent
The Apple-Samsung patent war is now seeing
further development. New documents show that the US Patent and Trademark
Office (USPTO) has rejected an Apple patent which prominently features
in a patent infringement lawsuit against Samsung, according to FOSS Patents. The documents in question were filed by the South Korean company for review in a US federal court on Sunday.
The USPTO rejected the 21 claims of the US Patent No. 7,844,915 in a "final office action" on the grounds that the claims were anticipated by previous patents or unpatentable. This means that any patent lawsuit which may have been basing its claim on the former will no longer be able to do so. The USPTO earlier rejected the same claim in an initial ruling.
The patent in question, known as the "pinch-to-zoom" patent, covers the ability to differentiate between the scrolling movement of one finger and two-fingers gestures like pinch-to-zoom on a touchscreen to activate certain functions. While the current ruling completely rejects Apple’s lawsuit claims, the USPTO has said that the patent is still subject to reexamination.
Apple has now been given two months to respond to the USPTO decision. A few months ago, the USPTO rejected multiple claims of another patent filed by Apple in a similar final office action, according to MacWorld. In the earlier case, Apple said that it would appeal separately to the Patent Trial and Appeal Board and also ask for a judicial review.
Last year, a jury awarded Apple a sum of $1.05 billion in damages, but has since ordered a partial retrial to review the damages that needs to be paid to the iPhone maker. The source report has stated that Apple’s own damage claims that the pinch-to-zoom patent is the most valuable software patent of the lot. Thus, the rejection could be a big blow to the iPhone maker’s lawsuit.
The pinch-to-zoom patent is not the only one of Apple’s filings which has been rejected by the USPTO. In October last year, the agency also turned down the company's claims on a rubber-banding patent.
While the USPTO may have closed the case due to its final action decision, it should not be forgotten that Apple still has the two month period to argue its case before the invalidation comes into effect. Even if the company is unable to do so in the time period, the follow-up lawsuits could extend the legal battle over the pinch-to-zoom patent.
The USPTO rejected the 21 claims of the US Patent No. 7,844,915 in a "final office action" on the grounds that the claims were anticipated by previous patents or unpatentable. This means that any patent lawsuit which may have been basing its claim on the former will no longer be able to do so. The USPTO earlier rejected the same claim in an initial ruling.
The patent in question, known as the "pinch-to-zoom" patent, covers the ability to differentiate between the scrolling movement of one finger and two-fingers gestures like pinch-to-zoom on a touchscreen to activate certain functions. While the current ruling completely rejects Apple’s lawsuit claims, the USPTO has said that the patent is still subject to reexamination.
Apple has lost claims on "Pinch-to-zoom patent" in Samsung lawsuit
Apple has now been given two months to respond to the USPTO decision. A few months ago, the USPTO rejected multiple claims of another patent filed by Apple in a similar final office action, according to MacWorld. In the earlier case, Apple said that it would appeal separately to the Patent Trial and Appeal Board and also ask for a judicial review.
Last year, a jury awarded Apple a sum of $1.05 billion in damages, but has since ordered a partial retrial to review the damages that needs to be paid to the iPhone maker. The source report has stated that Apple’s own damage claims that the pinch-to-zoom patent is the most valuable software patent of the lot. Thus, the rejection could be a big blow to the iPhone maker’s lawsuit.
The pinch-to-zoom patent is not the only one of Apple’s filings which has been rejected by the USPTO. In October last year, the agency also turned down the company's claims on a rubber-banding patent.
While the USPTO may have closed the case due to its final action decision, it should not be forgotten that Apple still has the two month period to argue its case before the invalidation comes into effect. Even if the company is unable to do so in the time period, the follow-up lawsuits could extend the legal battle over the pinch-to-zoom patent.
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