Apple: ‘Rubber Band’ Patent Tentatively Invalidated By USPTO

Apple vs Samsung


According to a new report from FossPatent, Samsung and other Android vendors are in for some great news. The USPTO have tentatively invalidated Apple’s ‘rubber-banding’ patent – U.S. Patent No, 7,469,381.

Here is what FossPatent had to say about the report:

Claim 19 appears on the “Rejection A” and “Rejection D” lists. Both kinds of rejections are for lack of novelty, not just obviousness (which is what “Rejection B”, which does not relate to Claim 19, is about). This means that Apple would have to convince the patent office (or, possibly, the appeals court) not only that rubber-banding was new despite the earlier existence of those documents (a finding of anticipation is a determination that there was no inventive step at all) but also that its claimed inventive step is sufficient to justify the existence of the rubber-banding patent.

While this non-final decision is not binding, there is a possibility that Judge Koh will be persuaded by this to grant Samsung’s Rule 50 (“overrule-the-jury”) motion to the extent it relates to the ‘381 patent. Even if Judge Koh is hesitant to overrule the jury on this and skeptical of a non-final action, the reexamination process will continue during the Federal Circuit appellate proceedings, so if the non-final findings concerning claim 19 are affirmed in subsequent Office actions, they will have more weight. And even after the appeals process, a subsequent final rejection of the relevant patent claim would make the patent unenforceable going forward.


The invalidation is based prior art based on the following patent:

  • “Ording”: U.S. Patent No. 7,786,975 on a “continuous scrolling list with acceleration”; this is an Apple patent that I’ve never seen asserted in litigation; the named inventors are Bas Ording, Scott Forstall, Greg Christie, Stephen O. Lemay and Imran Chaudhry.
Mueller concluded that, “Apple has many patents in play against Android. It doesn’t matter in a strategic sense if some of them, or even many of them, get invalidated. It just needs to enforce enough of them to ensure product differentiation. The ‘381 patent covers a signature element of the iOS touchscreen user interface, and Apple is going to fight hard to keep it alive. But at the end of the day it’s just one of many patents-in-suit.”



Posted by | Posted at October 23, 2012 11:13 | Tags: , , , , , , , , ,
Storm is a technology enthusiast, who resides in the UK. He enjoys reading and writing about technology.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Related Posts

Will Apple Develop a ChatGPT A.I. Competitor?

April 23, 2023
Apple has always been known for its innovative products, from...

The Latest Apple iPhone News: What to Expect in 2023

February 12, 2023
Apple Inc., the leading tech giant in the smartphone market,...

© 2023 THETECHSTORM. All Rights Reserved.