USPTO: Apple's '949 patent, aka the "Steve Jobs patent", is invalid

USPTO: Apple's '949 patent, aka the
The '949 patent, ruled invalid by the USPTO

The '949 patent, ruled invalid by the USPTO

For the second time in the last three months, the USPTO has declared a patent previously awarded to Apple, as being invalid. Back in October, the USPTO ruled that the '381 rubber-banding (overscroll bounce) patent was invalid. Back in August, Hogan's Heroes, aka the jury in the Apple-Samsung patent trial, ruled that Samsung infringed on this patent in reaching its verdict. Now, the USPTO says that the '949 patent, aka the "Steve Jobs patent," is also invalid. That patent is for a "touch screen device, method, and graphical user interface for determining commands by applying heuristics." In late October, the patent was declared valid by an ITC judge who also found that Samsung had infringed on it.

The '949 patent was going to be used by Apple against Motorola except that the judge found part of the patent invalid and said that the minor infringement that Motorola could be found guilty of would not warrant injunctive relief. Even though that trial was canceled, Judge Richard Posner banned the use of the name "Steve Jobs patent" when referring to '949 before tossing the case.

The two rulings against Apple are both preliminary and are not final as Apple can appeal the decisions. Still, this news can only be good for those who have found themselves staring at Apple's legal team on the other side of the courtroom. In fact, considering Judge Lucy Koh's apparent disdain for how Hogan's Heroes computed the $1.05 billion it awarded to Apple, we wouldn't be surprised to see the size of the jury award lowered significantly. Apple had 20 claims on each patent, all 40 of which are now ruled invalid by the USPTO.


source: FOSSPatents

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56 Comments

1. Droiddoes unregistered

HAW HAW!

15. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

Good news! And I think that USPTO should review all Apple patents, I'm pretty sure that they would find even more invalid patents.

22. PAPINYC

Posts: 2315; Member since: Jul 30, 2011

iTotally disagree!! How is Apple supposed to innovate if all of their patents from stolen ideas are found invalid. I'm looking at the bigger picture of iPhone 15VD and, quite honestly, it would be nice to have Multi Window functionality on a Super Retina 4.2" screen; or, it would be super cool to be able to edit photos with special messages in iNotes; and, I'm really looking forward to being able to FaceTime over 4GS LTE. None of this will be possible if all of their patents are iNvaliDated. Besides, what I don't understand is why haven't they iNvaliDated the black turtle-neck??

25. TROLL

Posts: 4851; Member since: Apr 13, 2012

+1 from me, That is true, well said, Lmao....!

27. PhenomFaz

Posts: 1236; Member since: Sep 26, 2012

Well now it just seems that Apple will have to do real work just like the rest of us honest folks to earn their money. It just looks like if they want to sustain themselves they will have to just start innovating...and this time for real in tech and not lawsuits :)

41. anywherehome

Posts: 971; Member since: Dec 13, 2011

Yes, rotten patents of rotten Apple must be invalidated...... Time to forget about non innovative and inferior Apple's products...

45. Mxyzptlk unregistered

Non innovative? So why does Samsung and other companies continue to copy them?

47. anywherehome

Posts: 971; Member since: Dec 13, 2011

I really don't know why Apple is a copycat with statusbar and almost all the new iOS 5 6 features has copied from Android ;-)

50. tedkord

Posts: 17047; Member since: Jun 17, 2009

The answer is simple. They don't. Folks like yourself simply rationalize it that way because you can't accept the truth - that Apple stopped innovating after the first iPhone, and the competition has passed them like they're standing still.

44. Mxyzptlk unregistered

This is bad for business. They have those patents for a reason.

48. anywherehome

Posts: 971; Member since: Dec 13, 2011

Yes, just to bully innovations...... We have multi user API, photo sphere..... iPhone is still stuck as a icon board..... Enjoy :-)

49. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

"This is bad for business." Fo Apple business. "They have those patents for a reason." Of course Apple have them for a reason and no one deny it but those patents are invalid.

52. tedkord

Posts: 17047; Member since: Jun 17, 2009

A patent is required by law to be for something new, unique, innovative, worth no prior art. These patents (and many more of Apple's) do not meet that standard.

53. rusticguy

Posts: 2828; Member since: Aug 11, 2012

Those patents are for running a business of "Extortion" and that's why they are being invalidated at last :)

2. KickRocks

Posts: 260; Member since: Mar 22, 2011

As this patent and the bounce back patent weren't dumb enough, its time to invalidate slide to unlock and these ridiculous design patents. If the USPTO would stop issuing every single patent apple files for half if not most of these lawsuits and hunded of wasted man hours could be avoided. Long live the bot!!

33. networkdood

Posts: 6330; Member since: Mar 31, 2010

Rob, that you?

3. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Apple may not see even $300 million, given this invalidity. The trial verdict may end up a Pyrrhic victory.

38. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Also.... The Apple-HTC settlement may be of no further effect. Too much redaction of the publicly available copy to tell, but.... If so, HTC may be better served to breach the agreement and just move on. I wonder if HTC is considering asking Apple for a refund?

4. pongkie

Posts: 663; Member since: Aug 20, 2011

rectangle patent should be next

6. PapaSmurf

Posts: 10457; Member since: May 14, 2012

I agree 100%.

28. pradeepkchauhan

Posts: 7; Member since: Nov 08, 2012

I am agree with you.

5. PapaSmurf

Posts: 10457; Member since: May 14, 2012

Ha! This is some news! Glad to see the USPTO is stepping up and invalidating bogus patents.

46. Mxyzptlk unregistered

The only thing bogus here is the decision.

54. tedkord

Posts: 17047; Member since: Jun 17, 2009

Awwww. Bad day?

7. jroc74

Posts: 6023; Member since: Dec 30, 2010

And it should have been invalid. I mean cmon.....Apple didnt invent it or innovate it enough to call it their own. That 1 billion settlement certain fans bragged about....some of us said it isnt over yet....lol. I see that amount getting alot smaller.

8. techguy22

Posts: 227; Member since: Aug 09, 2012

about time. start going after every apple stupid patents.

9. TROLL

Posts: 4851; Member since: Apr 13, 2012

Good.... Good news!™®©

10. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

I suppose a Reality Distortion Field is similar to any other bubble... they're all subject to popping/deflation eventually. I envision some groggy clerks at the USPTO waking up, rubbing their eyes, looking down at their paperwork and thinking to themselves, "Ohh, what did I do last night? Hey... Hey who stamped this? I did?! The frig was I thinkin'?!"

11. amiaq

Posts: 509; Member since: Jun 30, 2012

"I was too drunk", "It just happened", "It was a mistake", "It's not what you think"....bla bla bla

12. rusticguy

Posts: 2828; Member since: Aug 11, 2012

Where's the Apple Attorney by name of myxpytx (or something like that) on this board ?

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