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

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

55. InspectorGadget80 unregistered

USPTO finally got their dumb minds right for once. Now we need TO GET RID SLIDE TO UNLOCK PATENT CRAP to END ALL PATENS and not just the SLIDE TO UNLOCK but RECTANGLES

51. parkwaydr

Posts: 572; Member since: Sep 07, 2011

Tim Cook to uspto: You mean we actually have to work now?

37. gallitoking

Posts: 4721; Member since: May 17, 2011

they have no respect to his patent... have more respect people

42. anywherehome

Posts: 971; Member since: Dec 13, 2011

But you have respect to stupidity :-)

43. jroc74

Posts: 6023; Member since: Dec 30, 2010

"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" I think that shows respect. Try looking past the blinders once in awhile. Or did you want it to be called that? For it getting invalidated.....it is what it is. Hopefully soon the lawsuits stop. Compete by innovating not litigating..

56. InspectorGadget80 unregistered

NO ONE HAVE RESPECT FOR A COMPANY THAT WANTS TO BAN OR CONTROLS products

58. tedkord

Posts: 17544; Member since: Jun 17, 2009

The patent deserved no respect. It was just a rehash of someone else's work.

35. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

Steve Jobs got a freakin' patent to his name???

34. ddeath

Posts: 170; Member since: Apr 14, 2012

Looks like David Kappos resignation is doing USPTO a good thing. They really need a overhaul of their patents approvals. Enough of stupid patents!

30. xfire99

Posts: 1207; Member since: Mar 14, 2012

David Kappos eat this and there is nothing wrong with USPTO software patent uh. Working as intended my ass. The whole world see its f**ked up and u say it working as intended. Yeah sure! Keep invalidate all bogus patents, not only Apples and maybe theres still hopes for USPTO.

40. -box-

Posts: 3991; Member since: Jan 04, 2012

This was probably set in motion while he was still in office. Just sayin'.

24. prakesh

Posts: 92; Member since: Sep 13, 2012

where are the apple defender? :-D

26. TROLL

Posts: 4851; Member since: Apr 13, 2012

Yea where's Mxyzptlk Jstahl Gallitoking Serious9010 ......?

31. prakesh

Posts: 92; Member since: Sep 13, 2012

and dude wendy garrett

32. networkdood

Posts: 6330; Member since: Mar 31, 2010

they are all sad....

36. gallitoking

Posts: 4721; Member since: May 17, 2011

well I am happy because I know one way or the other Apple will stand tall

39. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

Was tall, was tall...now it's shrinking buddy.

57. tedkord

Posts: 17544; Member since: Jun 17, 2009

They always stand tall because they have no shame. Steve Jobs stood tall on stage and proclaimed that Apple had invented multi-touch. Apple lawyers stood tall in court and posited that a tap was just a zero length swipe. They stood tall in line at the patent office as they claimed slide to unlock as their own.

23. kevkyle

Posts: 104; Member since: Oct 21, 2012

finally.......some sanity ", )

21. tedkord

Posts: 17544; Member since: Jun 17, 2009

Common sense from the USPTO? Is today April 1st?

18. protozeloz

Posts: 5396; Member since: Sep 16, 2010

oh look another patent on the Samsung vs apple case gets torn down, more evidence of a faulty case

17. ausnote2

Posts: 84; Member since: Dec 07, 2012

The good US of A is finally waking up. Others to invalidate -rounded corners -slide to unlock -rubber banding (it's like a door stopper that when pull all the way to the end it bounces back) -icons -etc etc etc the USPTO change of first to file instead of first to invent probably cause a flood of these ridiculous patents crap and spawn alot of patent trolls. It is sad that apple is participating in this garbage though. If nothing is done, it will stifle US innovations and make US uncompetitive. Imagine a young engineer trying to create a new OS software and hardware and the amount of legal minefield that they must cross??? Don't get me wrong apple does provide competition which is good. But would we get here today without apple? ABSOLUTELY. I actually really like windows mobile 6.5 until stupid microsoft kill it with close off windows mobile 7 and then kill it with close off windows 8. windows mobile 6.5 reminds me of Android and both would be successful if microsoft continue with their UI and icons instead of these tiles crap. Bring back windows mobile 6.5 and enhance it with modern cpu/gpu/ram/screen capabilties is the only way to save microsoft.

29. jroc74

Posts: 6023; Member since: Dec 30, 2010

Take the rubber banding off your list. That was the first one to get invalidated recently. :)

16. gazmatic

Posts: 822; Member since: Sep 06, 2012

This is why I said htc sold their souls to the devil. I got down voted.

14. ncv144

Posts: 126; Member since: May 04, 2012

A van is rectangular, with rounded corners, comes in black and white, has a glass screen, and slide to unlock, Apple MUST lawsuit and ban! /s

13. someones4

Posts: 628; Member since: Sep 16, 2012

Samsung: Everyone Let's boogie!!!! Christmas came a little bit early for them.

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 ?

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

9. TROLL

Posts: 4851; Member since: Apr 13, 2012

Good.... Good news!™®©

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