iphone-4s-user

Apple’s ‘rubber banding’ patent has been under heavy scrutiny in recent months, invalidated twice by the US Patent Office. It used the patent, which pertains to a software feature that allows content to ‘bounce back’ during scrolling, in its big $1 billion victory over Samsung.

But good news today for the Cupertino company. The United States Patent and Trademark Office (or USPTO) has said it will issue a re-examination certificate that confirms the formerly invalidated invention, clearing up any doubts of the patent’s weight or validity…

Florian Mueller of FOSS Patents is reporting today that Apple has just informed Judge Lucy Koh of the US District Court that the US Patent Office will be issuing a reexamination certificate, confirming four claims of its ‘rubber banding’ pantet (or U.S. Patent No. 7,469,381).

“Apple’s notice to the court points out that this will already be the second reexamination certificate confirming claim 19 of this patent. A previous one issued on April 26, 2011, presumably in response to a reexamination request filed by Nokia (raising different invalidity contentions). As a result of this new reexamination certificate, claim 19 will enjoy an enhanced presumption of validity against the invalidity theories the patent office evaluated. Instead of invalidation in mid-2017 or later, this patent has now been confirmed in mid-2013.”

Mueller also provides an image of the header of the USPTO’s notice:

USPTO NIRC confirming seven claims of rubber-banding patent-1

Samsung has a number of times tried to have Judge Koh declare Apple’s rubber banding patent invalid, quickly filing notices with the court on both occasions when the US Patent Office invalidated it, and asking Koh to delay their upcoming November trial due to the uncertainty.

But with the new reexamination certificate, it is highly unlikely that Samsung will be able to convince Koh to delay the trial, which will be used to redetermine a portion of the damages that Samsung must pay. Koh threw out a big chunk of the $1 billion settlement earlier this year.

  • Guest

    If any one wants me to register their UDID, I can do it for you at no cost. I have like 90+ spots that I don’t plan on using.

    • cydiacrawler

      how am i supposed to contact you?

      • Guest

        Whats your email?

        -same guy from above

      • cydiacrawler

        sinfulaccount @ yahoo .com
        (deleting this within the hour)

    • Maxim∑

      “Your iOS Developer Program membership can be terminated if you provide pre-release Apple Software to anyone other than employees, contractors, and members of your organization who are registered as Apple Developers and have a demonstrable need to know or use Apple Software in order to develop and test applications on your behalf. Unauthorized distribution of Apple Confidential Information (including pre-release Apple Software) is prohibited and may subject you to both civil and criminal liability.”

      I did the same thing for one of my friends, they temporarily disabled my account and gave me a warning. I think they can tell if your not a developer by checking if the UDID is linked to a developer account

    • 660473

      What about me?

  • Gorgonphone

    i dont care any more IOS is so damn ugly now..

    • Adham

      You show your hatred to the new iOS on every news post. You’ve already expressed your point. I think one comment is enough, clutters comments feed without any new info.

    • Taf Khan

      Think not many people will agree with your view..

  • Sandy Cook

    How can you patent something you didn’t invent? Crazy world

    • Zeus

      Easy. Look at the life of poor Nikola Tesla.

  • Taf Khan

    I think Samdung has tried to purchase Judge Lucy Koh in the same way they did a British judge. Well done Apple lawyers for fighting back… Samdung need to pay up.

    • Pitchy

      Every time I see someone say Samdung, I want to say CRAPPLE.

      • Taf Khan

        Every time I see CRAPPLE I want to say SHAMESUNG.
        Apple must be good in SHAMESUNGS view given all the copying they have done.

      • Pitchy

        And now Apple is copying everyone else. Funny how that works right? iOS7 is a mix of jailbreak, Android and Windows Mobile.

        Apple has lost some cases against Samsung as well which also shows that Apple copied and/or didn’t bother licensing Samsung patents.

        Like it or not, Apple didn’t invent rounded corners, multi touch, flat touch screens and so on.

        From the iOS7 demo that I saw, they copied a lot of things from Google… so what do you suggest we call Apple in this case?

      • Taf Khan

        If it wasn’t for Apple Samdung would still be making clamshell phones.

        The features you talk about on iOS 7 were taken from cydia apps. Much of what you see on android was also on cydia first.

      • Yes… except the pull notification shade. Looks like you haven’t tried android yet.

      • Pitchy

        The fanboy is strong with you. Total blinded iSheep. Ah, so you admit that Apple is stealing other’s ideas. But I thought Apple was this great innovator of everything. Actually, Apple wasn’t the first to do this design. Remember Palm was doing this long before. Nokia and Kyocera were also doing smart phones that were not clamshells, Also, LG had the same formfactor as the iPhone before the iPhone. So yet you are giving Apple credit. Also, check this out – http://visual.ly/braun-or-apple

        Stop acting like everyone copies Apple when Apple blatantly copies others.