Trio of Apple patents getting re-examined by USPTO

Trio of Apple patents getting re-examined by USPTO
The USPTO has decided to agree with three anonymous requests and re-examine three Apple patents. All three are being used by Apple against Samsung in court with one of the patents also being used in court against Motorola. According to a published report, two of the patents are design patents. One of the two was used by Apple in its patent trial against Samsung last year and the other was used by the Cupertino based tech titan to score an import ban against Samsung. That ban is still under presidential review.

The two design patents, both showing drawings of the original Apple iPhone, are being challenged because of three prior art drawings that were patented in Japan. These three Japanese patents weren't considered when Apple first applied for its patent, but the anonymous party who requested the re-examination says that the similarities are too obvious. The USPTO has not yet rejected Apple's claims to either patent, but has agreed to take another look at the pair.

The third patent is being used by Apple in cases against Samsung and Motorola. Apple's U.S. Patent No. 8,014,760 for missed call management, has five prior art challenges against it and the USPTO has agreed to review that patent as well.

While the anonymous challengers are by definition not revealed, it is believed that Samsung is the party that asked for the re-examination on the two design patents while the third challenger is truly unknown.


source: FOSSPatents via AppleInsider

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19 Comments

1. mas11

Posts: 1034; Member since: Mar 30, 2012

The third challenger is none other than Gaben... Half-Life 3 Confirmed!!!

13. NexusKoolaid

Posts: 493; Member since: Oct 24, 2011

Wait...What??? Not sure I follow your thought process - perhaps this? https://www.youtube.com/watch?v=KNZSXnrbs_k

2. Tux_Alan

Posts: 74; Member since: Jan 30, 2013

Why bother? Us government will stand for apple no matter the ruling...

6. PapaSmurf

Posts: 10457; Member since: May 14, 2012

I actually think these patents are getting invalidated. If there was a patent already in Japan and five prior art challenges against the third patent, Apple can say goodbye to the patent and possibly the win on the trial case.

8. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Yup-per. Say goodbye to your patents, Apple. $1 billion got reduced to what, $600 million? It is going to get reduced even further. I wonder if Sammy ends up paying Apple a dime?

11. Googler

Posts: 813; Member since: Jun 10, 2013

Even if Samsung pays Apple a few $100 mil, the amount of exposure this lawsuit brought to their phones was astounding. Apple's tactics severely backfired, and continue to do so as things like this keep coming up. Hard to say Samsung lost when their Galaxy phones became the first one to heavily compete with the iPhone on the sales front.

9. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Apple should refocus their primary effort in engineering instead of suing Samsung their primary suppliers. To me it just don't make business sense.

3. 1113douglas

Posts: 200; Member since: Jul 04, 2013

apple has to stop with this nonsense. Samsung has created a phone(s) better than apple will ever create, and they just have to except it. Apple is taking the patents way to seriously. If anyone copied anyone apple copied samsung. Every iphone that comes out just adds the newest features of the s4 and android os.

12. McLTE

Posts: 922; Member since: Oct 18, 2011

the fact of the matter is that everyone "copies" everyone. And I'm getting tired of that word. You can't look at any successful product today and not see parts that were plucked from other products. This happens all over technology - features in GPS units, TV's, audio equipment.. they all race to match each other in specs and features. If someone comes out with XYZ super feature, it's pretty much a guarantee that all the other big names will follow suit shortly. The idea that Apple thinks they can get away with patenting a rectangular phone with rounded corners is INSANE and horribly arrogant. I can't imagine any TV manufacturer trying to patent the shape of a TV.. or auto manufacturers patenting the shape of a car at the most basic form.

4. xperiaDROID

Posts: 5629; Member since: Mar 08, 2013

Apple will soon be defeated! Oh wait, they have already been defeated, and they can't accept the truth! And now they're playing with this kiddy patents. Smh.

5. razmahtaz001

Posts: 501; Member since: May 11, 2013

if these 3 patents dont get de-patentized, then for sure there is "home-court" conspiracy going on...WE DONT NEED NO STINKING CONSPIRACY!!!

7. PapaSmurf

Posts: 10457; Member since: May 14, 2012

Apple has zero chance of winning this. Five prior art challenges and a patent already in Japan for design? Say goodbye to winning the trial next year.

10. tedkord

Posts: 17464; Member since: Jun 17, 2009

I love reading Meuller's site when these things come up. He tries to hide his butthurt, but it comes through.

14. ZeroCide

Posts: 816; Member since: Jan 09, 2013

I'm glad to see that the inside person apple had at the USPTO is probably gone. Alot of the patents that apple filed for and got were complete BS with prior art existing.

15. networkdood

Posts: 6330; Member since: Mar 31, 2010

Signs of a power struggle at the patent office?

18. donfem

Posts: 708; Member since: Mar 30, 2011

Would love to see the face of the foreman of the jury which awarded the ridiculous victory to apple. :)

16. tomn1ce

Posts: 248; Member since: Mar 12, 2012

It would be nice if the USPTO get their act together when examining patents before putting the seal of approval on them....

17. donfem

Posts: 708; Member since: Mar 30, 2011

Where are the appleboys? First to talk about Samsung "copying" yet unwilling to see the idiocy in the original patent revolving around design.

19. donfem

Posts: 708; Member since: Mar 30, 2011

By the way, the manufacturer of the first car should have patented that design, sit back and milk every other car manufacturer to the end of this world. :)

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