Last week, while the case was going to the jury, the USPTO issued an advisory action which invalidated the '915 pinch-to-zoom patent. Samsung quickly filed for an emergency hearing to stay the trial since the patent is involved in the suit. Samsung says that Apple has only one last place to appeal the decision although the Cupertino based tech giant actually has a few options left open to reverse the USPTO's decision, according to the Judge.
Judge Koh, in rejecting Samsung's request for a stay of the trial, says that Apple could still file a second response to the USPTO's Final Office Action. If that fails, Apple can still go to the Patent Trial and Appeal Board. And if that doesn't give Apple what it wants, it can appeal a PTAB decision in Federal Court.
The Judge finds Samsung's arguments "unconvincing" and says the best course of action is to hand down a final decision in District Court and let Samsung appeal the decision in Federal Court.
source: Scribd via AppleInsider