13-07-08 Samsung Motion for New Trial or Final Judgment on ’381 Patent
Samsung wants another try at the “rubber banding” patent, according to FOSS Patents. Apple won the trial against Samsung for the “rubber banding” patent here in the United States and in Japan recently, however due to a tentative invalidation of the patent here in the US, Samsung wants a new trial. U.S. Patent No. 7,469,381 is what Samsung is specifically looking at, and is the one that it was found guilty of infringing on. The problem from Samsung’s point of view is that there isn’t just one way that its devices are found to have infringed on Apple’s patent, but 3 different ones. Apple has since changed the definition of its patent a little bit and therefore Samsung still did, technically, violating it.
I think Samsung is taking a slight shot in the dark with this one, however FOSS‘ Florian Mueller says that there could be some leverage to the claim. According to Mueller, the “very broad terms” that Apple used in its argument to the USPTO to get a re-examination of the patent could leave Samsung something to use in its fight of the patent, but that might not be quite enough. I’m not completely in the know-how about software patent law, so you can check out more at FOSS Patents.
What do you think? Interested in what could become of this? Let us know in the comments, or tweet me @TiP_Kyle.