We have some good news from Samsung today concerning the Apple vs Samsung trial this morning, as a preliminary U.S Patent and Trademark Office (USPTO) ruling has decided that Apple’s (silly) “rubber band” scrolling patents are invalid. By now, you should know that most of the mobile world has been in uproar as to how stupid that patent was. According to reports from both TNW and FOSS Patents, the ruling hasn’t been set in stone yet or official yet, but it means that, for the time being, 20 patent violation claims against the Korean tech giant relating to patent no. 7,469,381 is no longer able to stand. This is a crucial thing, as FOSS Patents has said that this includes one claim involved in Apple’s recent courtroom victory against Samsung Electronics. Maybe the USPTO is trying to make the patent world a better place after all?
The reason for this invalidation, is because the USPTO has reported that they have found evident of prior art in some cases, and in others the inventions were deemed to have been fairly obvious. This means that the feature existed in technology before the iPhone, thus Apple should not be able to use such a claim against Samsung Electronics in the court case. That said, it is looking like things might start actually getting “fair” in the court room, especially as the USPTO continues to look over more and more details. Hopefully this is the start of the USPTO starting to look over the details of patents and checking the validity, as opposed to handing them out like candy before.
This “rubber band” scrolling feature can be found in nearly all of Apple’s iOS and OS X devices, along with some older Samsung smartphones. Although, Samsung has already pulled this feature from all of its Android-based smartphones. This will of course, give them the ability to put the feature back in without a risk of Apple suing them over it, but personally, I do like the glow effect as opposed to the bounce back a bit more. As you should probably know about now, and with everything relating to this on-going war between Samsung and Apple, this is not finalized as of yet. Although, if things continue to proceed int his direction, this could potentially be a very helpful to Samsung’s appeal in this California case.
Even though this case has been going on for quite some time now, I do hope that the Judge and the USPTO are able to “punish” the correct company, whether it be Apple or Samsung. I personally believe creativity needs to be the major drive in terms of design and features in this industry, not the ability to copycat someone else’s work.
Do you think that the USPTO was right to invalidate Apple’s rubber band patent? Do you think that there are anymore patents that the USPTO should look over and consider from Apple, or even ones from Samsung that they are using against Apple? Let us know in the comments below!
source: android central