Apple should never have been granted rubber band snap back patent.
In the Samsung v Apple case recently decided in Northern California, Apple’s primary case was based on their rubber band patent. They focused on the idea that their screens bounced back when you go to the end. And they accused Samsung of copying the look and feel of that feature. In the end, that cause the jury to award a huge judgement in Apple’s favor. But now, that is all in jeopardy for Apple as the US Patent and Trade Office has issued a statement saying that Apple should never have been granted the patent in the first place. As a result, they have invalidated the Apple patent and the impact will cause the jury award to be reexamined.
All of this is far from over, as Apple has the right to appeal the decision which is going to tie things up in the courts again. And the appeal of the case in Northern California may get sent back to the original case on the loss of the Apple patent stands. In that case, the huge monetary award is sure to be significantly reversed by the court.
The reason given by the Patent Office is that the Apple did not invent the feature and it existed in some form before they applied for it and were granted the patent. As a result of this ruling, some are saying that the Patent Office needs to be revamped as it is too easy to get a patent and when one is invalidated, the impact is significant. Fortunately for Samsung, this one will make a difference in the jury award and in their reputation.
This is going to be pursued by Apple and Samsung both, requiring the courts to make a decision as to the Patent Office ruling.