Key Claim of Apple's 'Rubber Banding' Patent Once Again Found Invalid by U.S. Patent Office
Last October, a court filing in the U.S. lawsuit between Apple and Samsung revealed that the U.S. Patent and Trademark Office (USPTO) had issued a preliminary decision ruling that all of 20 claims of Apple's "rubber banding" patent were invalid.
The patent, which addresses the ability for content displayed on iOS devices to "bounce back" when the user scrolls to the top or bottom of the page, had been successfully used by Apple in its lawsuit against Samsung that yielded a $1 billion judgment.
At the time, we noted that the decision by the USPTO was merely a preliminary one and that it would be revisited in numerous other reviews and appeals as Apple continued to plead its case. FOSS Patents now notes that Samsung has filed another court document revealing that the agency has followed up with a new decision reviving three claims from Apple's patent but once again rejecting the other 17 claims, including the key one used against Samsung.
The latest decision, which according to Samsung was published by the patent office "on or after March 29", is a final Office action -- which gives it more weight than the first one, but "final" isn't really final in this process as I'll discuss further below. [...]
Apple now has two months (which can be extended) to respond. Again, the word "final" sounds more definitive than this really is. Sometimes the Central Reexamination Unit reconsiders such "final" decisions. Even if it doesn't, this "final" rejection can and certainly will be appealed to the Patent Trial and Appeal Board (PTAB), sort of an appellate division within the USPTO. The PTAB can make a final decision as far as the USPTO is concerned, but frequently remands a matter to the Central Reexamination Unit. And a final-final USPTO decision can then be appealed to the United States Court of Appeals for the Federal Circuit. It will take years before a truly final decision on the validity of this patent issues.
The validity of the rubber banding patent is just one of the difficulties facing Apple as the $1 billion verdict against Samsung continues to be challenged. Last month, Judge Lucy Koh voided nearly half of the judgment due to a jury error that made it impossible for corrected damages to be calculated for the affected devices and patents. As a result, Koh ruled that a new trial must be held to establish correct damages for those devices, with the result potentially including either a smaller or larger award for Apple. Samsung is of course also seeking to appeal the judgment in its entirety, with Apple and Samsung arguing over whether the appeal or the new trial addressing corrected damages should proceed first.
Popular Stories
Apple is about to release iOS 26.2, the second major point update for iPhones since iOS 26 was rolled out in September, and there are at least 15 notable changes and improvements worth checking out. We've rounded them up below.
Apple is expected to roll out iOS 26.2 to compatible devices sometime between December 8 and December 16. When the update drops, you can check Apple's servers for the ...
Apple is actively testing under-screen Face ID for next year's iPhone 18 Pro models using a special "spliced micro-transparent glass" window built into the display, claims a Chinese leaker.
According to "Smart Pikachu," a Weibo account that has previously shared accurate supply-chain details on Chinese Android hardware, Apple is testing the special glass as a way to let the TrueDepth...
Apple today seeded the second release candidate version of iOS 26.2 to developers and public beta testers, with the software coming one week after Apple seeded the first RC. The release candidate represents the final version iOS 26.2 that will be provided to the public if no further bugs are found.
Registered developers and public beta testers can download the betas from the Settings app on...
Apple has ordered 22 million OLED panels from Samsung Display for the first foldable iPhone, signaling a significantly larger production target than the display industry had previously anticipated, ET News reports.
In the now-seemingly deleted report, ET News claimed that Samsung plans to mass-produce 11 million inward-folding OLED displays for Apple next year, as well as 11 million...
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max.
One thing worth...
Apple's chipmaking chief Johny Srouji has reportedly indicated that he plans to continue working for the company for the foreseeable future.
"I love my team, and I love my job at Apple, and I don't plan on leaving anytime soon," said Srouji, in a memo obtained by Bloomberg's Mark Gurman.
Here is Srouji's full memo, as shared by Bloomberg:I know you've been reading all kind of rumors and...
Apple's senior vice president of hardware technologies Johny Srouji could be the next leading executive to leave the company amid an alarming exodus of leading employees, Bloomberg's Mark Gurman reports.
Srouji apparently recently told CEO Tim Cook that he is "seriously considering leaving" in the near future. He intends to join another company if he departs. Srouji leads Apple's chip design ...
Apple and Google are teaming up to make it easier for users to switch between iPhone and Android smartphones, according to 9to5Google. There is a new Android Canary build available today that simplifies data transfer between two smartphones, and Apple is going to implement the functionality in an upcoming iOS 26 beta.
Apple already has a Move to iOS app for transferring data from an Android...
Intel is expected to begin supplying some Mac and iPad chips in a few years, and the latest rumor claims the partnership might extend to the iPhone.
In a research note with investment firm GF Securities this week, obtained by MacRumors, analyst Jeff Pu said he and his colleagues "now expect" Intel to reach a supply deal with Apple for at least some non-pro iPhone chips starting in 2028....
Apple today announced that Fitness+ is expanding to 28 new markets on December 15 in the service's largest international rollout since launch, accompanied by new language dubbing and a K-Pop music genre.
Apple Fitness+ will become available in Chile, Hong Kong, India, the Netherlands, Singapore, Taiwan, and additional regions on December 15, with Japan scheduled to follow early next year....
