Larry Rosenstein Samsung last night informed US District Court Judge Lucy Koh that Apple’s “rubber band” patent has been tentatively invalidated by the US Patent and Trademark Office. Samsung’s filing (PDF) said the USPTO decision is relevant to the post-trial wrangling resulting from Apple’s $1 billion win on patent infringement claims. Specifically, Samsung will use it as evidence against Apple’s motion for permanent sales bans and increased damages. The patent office decision (PDF) is not final, but it is interesting. Apple’s rubber band claim is rejected because of two pieces of prior art, one a patent by AOL and the other a patent by the very same Apple employee responsible for the rubber band patent. The patent that was partially invalidated describes “List scrolling and document translation, scaling, and rotation on a touch-screen display,” and lists Apple user interface designer Bas Ording as the inventor. (The rubber band effect occurs when you pull content beyond the edges of a touchscreen, release your finger, and the document bounces back into place.) Samsung was found to infringe this patent in 18 devices that were part of the Apple v.
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