This Day On The Street
Continue to site
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

Apple Patent Invalidated by U.S. Patent Office

NEW YORK ( TheStreet) -- The U.S. Patent and Trademark Office has announced a decision that may ultimately deal a huge blow to Apple (AAPL - Get Report) and could turn out to be redemption and a big win for Samsung.

As reported by Foss Patents, the USPTO has tentatively invalidated Apple's "rubber-banding" patent, the one which was a major factor in the California jury's decision to award $1.5 billion in damages to Apple. Rubber-banding is a screen scrolling effect that shows users that they've navigated to the end of a screen. It's also known as overscroll bounce.

The patent in question, number 7,469,381, and especially claim 19 has been deemed invalid in two ways -- either of which could be enough to overturn the August 24 verdict and judgment award.

Claim 19 was rejected for what was termed a "lack of novelty." That means Apple would have to get the patent office or appeals court to rule its version of rubber-banding was new despite documents which prove an earlier existence and that their invention is sufficient to justify their patent.

According to Foss, while the USPTO's non-final decision is not binding, there is a possibility that Judge Koh will be persuaded by this to grant Samsung's overrule-the-jury motion to the extent it relates to that specific patent. Samsung has reportedly sent a copy of the USPTO's ruling to the judge for consideration.

Samsung has already provided a workaround for this specific patent claim but might add back the rubber-banding feature in the United States if the patent is ultimately invalidated.

If the patent invalidation becomes permanent, the move could effect the outcome of similar Apple suits against HTC and Motorola Mobility, a division of Google (GOOG - Get Report) worldwide.

--Written by Gary Krakow in New York.

>To submit a news tip, send an email to:
Gary Krakow is TheStreet's senior technology correspondent.

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Real Money

More than 30 investing pros with skin in the game give you actionable insight and investment ideas.

Product Features:
  • Access to Jim Cramer's daily blog
  • Intraday commentary and news
  • Real-time trading forums
Only $49.95
14-Days Free
14-Days Free
AAPL $93.24 0.00%
GOOG $701.43 0.00%
FB $117.81 0.00%
TSLA $211.53 0.00%
YHOO $36.94 0.00%


Chart of I:DJI
DOW 17,660.71 +9.45 0.05%
S&P 500 2,050.63 -0.49 -0.02%
NASDAQ 4,717.0940 -8.5450 -0.18%

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs