Sunday, July 28, 2013

USPTO hands down final (but not really final) rejection of Apple's pinch-to-zoom API patent

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Source: www.fosspatents.com --- Sunday, July 28, 2013
Between 1 AM and 2 AM local time on Sunday, Samsung's counsel in the intellectual property dispute with Apple notified the court of a "final" Office action by the United States Patent and Trademark Office (USPTO) rejecting all claims of Apple's pinch-to-zoom API patent, U.S. Patent No. 7,844,915 on "application programming interfaces for scrolling operations", including its claim?8, which one federal jury found infringed by numerous Android-based Samsung devices about a year ago and with respect to which another jury will have to re determine damages in November?2013 for a dozen of those products (the retrial is about 13 products, 12 of which were found to infringe this patent). Samsung claims to have a workaround in place for the '915 patent that makes no difference to end users but steers clears of infringement, which Apple disputes . Based on Apple's damages claims, the pinch-to-zoom API patent is the most valuable multitouch software patent at issue in the first Apple v. Samsung litigation in the Northern District of California, but most of the damages in that case relate to design patents. Also, I believe that the patents at issue in the second Apple v. Samsung case in San Jose, scheduled to go to trial next spring, are, on average, considerably more valuable than the ones asserted in the first case. Here's the cover page of the "final" Office action (this post continues below the document): 13-07-26 Cover Page Final USPTO A ...

Source: http://www.fosspatents.com/2013/07/uspto-hands-down-final-but-not-really.html

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