The US Patent and Trademark Office previously invalidated the famous
patent number 7,469,381 , including part 19, which Apple has successfully used against Samsung, Nokia and HTC. The revision was carried out on the basis of additional information provided by an unnamed source in the spring of this year.
Based on the new information, USPTO experts stated that an invention similar to that described in patent number 7,469,381 existed before (prior art). In addition to the evidence, experts cited the “lack of novelty” as a motivation for the revocation of a patent.
The prior art is the
application for the international patent AOL and Luigi Lyra (published October 2, 2003), as well as the previous patent
No. 7,786,975 , which also belongs to Apple, but there is no Steve Jobs among the authors and it has never been used in court proceedings. An application for this previous Apple patent was filed on December 23, 2005, that is, later on the Lyra patent.
A patent denial is signed by a senior USPTO expert and signed by the supervisor. The procedure is not yet complete, and Apple can convince experts to withdraw the "negative" recommendations. However, even if she succeeds in proving the differences from the prior form (prior art), then in addition it will be necessary to prove the “novelty” of the invention, sufficient for registering a patent.
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Patent number 7,469,381 describes various interface elements, including scrolling and the use of touchscreen. Part 19 describes a way to continue scrolling when the list ends, but it still scrolls along with the movement of a finger, and then automatically pulls back (the so-called “rubber delay”). The Galaxy S2 was also like that (see
video : a small episode at about the 17th second), but after the patent wars, you had to implement the usual scrolling, which ends abruptly at the end of the list, while the finger continues to move.
A diagram of this invention is shown in the illustration from the patent application.
Patent No. 7,469,381 is one of the patents in violation of which a Californian court recently accused Samsung and awarded payment of a record compensation of one billion dollars. In addition, it is one of five patents that Apple used in the
lawsuit against HTC , as well as
against Nokia (the dispute was settled out of court in June 2012). If the patent is finally annulled, then previous court decisions can be reconsidered.
Consideration of the claim of Apple against HTC will be held on November 27, and Apple has removed in advance the mention of part 19, leaving only the other parts. However, the preliminary decision of the USPTO annuls all other parts of this patent from the 1st to the 20th.
via
FOSS Patents