Another Key Apple Patent, Pinch to Zoom, is Rejected by USPTO
December 20, 2012 12:59 PM
comment(s) - last by
(Source: Orion Pictures)
Rejection is still preliminary, just like past rejections
U.S. Patent and Trademark Office
's (USPTO) Central Reexamination Office (CRO) has damaged Apple, Inc.'s (
) legal campaign against rival smartphone maker Samsung Electronics Comp., Ltd. (
) with its third in a series of major patent rejections in recent months.
On Wednesday, the CRO
[PDF] that Apple's "pinch to zoom" patent --
U.S. Patent No. 7,844,915
[PDF]. The patent claims the invention of a number of things multi-touch related -- including being able to distinguish between single finger scrolling gestures and a plurality of multi-finger gestures, including the aforementioned pinch to zoom.
These multi-touch techniques were largely first demonstrated in the 1980s in the world of academia by groups such as Myron Krueger's team at the
University of Toronto
. Professor Krueger developed and published papers on virtually equivalent pinch-to-zoom multi-touch technology
almost 25 years prior
to Apple producing its
first multi-touch device
Myron Krueger developed pinch-to-zoom [pictured] in the 1980s. [Image Source: Bill Buxton]
The '915 patent joins the "
rubber band patent
U.S. Patent No. 7,469,381
, aka the '381 patent) and the "
Steve Jobs [multi-touch] patent
U.S. Patent No. 7,479,949
, aka the '949 patent) in patents that were rejected in preliminary rulings by USPTO reviewers.
All three patents will next be headed to the
Patent Trial and Appeal Board
(PTAB) -- a court of sorts at the USPTO -- for a final ruling. Assuming the PTAB sticks to its latest decision (which is not guaranteed, but is often the case), the ruling can be appealed to the
United States Court of Appeals for the Federal Circuit
if Apple chooses.
How critical would it be if these three Apple patents were invalidated? The invalidation would eliminate two out of the three utility patents that Apple asserted in winning a
$1.05B USD verdict
against Samsung. As a result the invalidations could slash hundreds of millions of dollars off the damages verdict.
One advantage Apple does have in both the '915 and '381 invalidations is that they are
evaluations; meaning that Apple is the only party the USPTO is discussing the matter with. Thus it's possible Apple could rectify the language in the patent to be less ambiguous, but in such a way to try to preserve its trial verdict against Samsung.
Also, it should be noted that while all of the patent's 21 claims were rejected, only a single claim -- Claim 8 -- was used in the Samsung case.
SBNation [The Verge] [PDF] 
This article is over a month old, voting and posting comments is disabled
About frigging time
12/20/2012 1:19:20 PM
I'm glad to see the USPTO at least STARTING to try and apply some common sense. They have got to stop giving out patents for this kind of crap.
RE: About frigging time
12/20/2012 2:44:06 PM
I agree, there a thousands of decisions that have been made because of the issuing of those patents. No matter how hard you try, you will never ever be able to revisit all those decisions and fix them.
To give credit where credit is due, at least those patents are now being reviewed, but it would have been much better if those patents had never been issued.
"Google fired a shot heard 'round the world, and now a second American company has answered the call to defend the rights of the Chinese people." -- Rep. Christopher H. Smith (R-N.J.)
USPTO Moves "Steve Jobs" Multitouch Patent a Step Away from the Trash Can
December 10, 2012, 10:26 AM
USPTO Makes Preliminary Move to Kill Apple's Rubber Band Patent
October 24, 2012, 11:00 AM
Doomsday for Samsung in U.S., Jury Rules it Slavishly Infringed Apple's Patents
August 24, 2012, 5:56 PM
Apple Sells 525,000 iPhones in Three Days
July 2, 2007, 12:00 PM
Free Windows 10 offer ends July 29th, 2016: 10 Reasons to Upgrade Immediately
July 22, 2016, 9:19 PM
Quick Note: Whoops, Microsoft Pushed Unwanted Windows 10 to Some Users
October 15, 2015, 9:04 PM
Quick Note: Windows 10 Insider Preview Build 10565 Fixes Boot Camp 6.0 Issues
October 13, 2015, 11:39 AM
Microsoft's HD-500 ("Display Dock"), the Magic Sauce Behind Continuum
October 6, 2015, 5:30 PM
Quick Note: Windows 10 Hits 110 Million Devices, VMs
October 6, 2015, 4:30 PM
Windows 10 on Raspberry Pi, IoT Devices Sees Developer Debut
August 12, 2015, 2:41 PM
Most Popular Articles
Say Goodbye to Data Plans - Sprint and T-Mobile offer Unlimited Data
August 22, 2016, 6:12 AM
2 NEW PlayStation 4 Models - Unveiling September 7th
August 23, 2016, 6:23 AM
iPhones May Get Curved Screens Next Year
August 24, 2016, 6:45 AM
5 Easy Ways to Lower Blood Pressure By Monique C. Bethell, Ph.D.
August 25, 2016, 8:00 AM
Uber - Everyone's Autonomous Car Driver?
August 20, 2016, 6:01 AM
Latest Blog Posts
First Self-Driving Car debut on the streets of Singapore
Aug 28, 2016, 4:10 PM
Coming Soon - Drones and Airports
Aug 24, 2016, 12:40 PM
SolarCity’s Gigafactory: A Milesone in Emerging Technology by Lily Emamian - 15 August 2016
Aug 15, 2016, 6:30 AM
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information