Apple and Samsung have been dominating the news with their patent saga in the recent past. Though Apple did emerge victorious over Samsung in San Jose, California when the jury acknowledged violations of Apple rubber –banding patent in several Samsung products such as the Galaxy SII smartphone as well as tablet; however a flip-side to the patent struggle was observed today against the odds that were initially against Samsung.
The U.S. Patent and Trademark office seems to have rejected all of Apple’s 20 claims under the “rubber-banding” patent, these include claims such as list scrolling as well as document translation and scaling, and many other touch screen options such as dragging documents. Interestingly so the patent is called a rubber band patent because of a feature which effects in the page bouncing back when one scrolls to the bottom.
The U.S. Patents and Trademark office has reviewed the patent and has declared a temporary rejection of the claims as they find some claims anticipated and some as obvious. The office states that Apple’s innovations are merely a logical step towards improvement rather than an invention in a truer sense. The final verdict however is not at hand yet as the office may overturn its ruling after further evaluation. Samsung however has actively filed on the basis of the first ruling, a motion under Judge Lucy Koh, in the hope that judge would overturn the jury’s ruling in the event of the patent being invalid. It is debateable whether a temporary verdict would act as sufficient proof for Judge Lucy Koh to overthrow the jury’s ruling.
Apple is expected to follow up and appeal rulings in case of a final rejection and can move on to the Central Re-examination Division as well as The Board of Patent Appeals and Interferences. The U.S. Court of Appeals for the Federal Circuit may also have to involve itself in the dispute in order to ensure justice.
The final episode of the Apple, Samsung saga is yet to be witnessed, as Apple struggles in its current position to win this patent battle and also recover to the 1.05 billion in damages awarded to them in their recent victory that had illuminated the hope of banning many other Samsung products as well.
