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
RE: Not Fair
12/20/2012 4:41:59 PM
It's a new account, wonder which one it is.
RE: Not Fair
12/20/2012 5:21:33 PM
Lets just call it TestMessTonTakeJack
RE: Not Fair
12/21/2012 1:14:19 PM
Yep, and notice who is absent from this post so far? LOL
RE: Not Fair
12/21/2012 3:43:53 PM
"The Space Elevator will be built about 50 years after everyone stops laughing" -- Sir Arthur C. Clarke
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
Amazon to Launch "Kindle Worlds" for Fan Fiction Writers
May 22, 2013, 12:00 PM
EA Dev: Nintendo is "the Walking Dead"; Wii U is "Crap"
May 20, 2013, 11:27 AM
Sony Officially Announces Gran Turismo 6
May 16, 2013, 10:24 AM
Windows 8.1 Will Be Free; Microsoft Holds Onto Struggling ARM Variant
May 14, 2013, 2:57 PM
Report: 59 Million Windows 8 Devices Have Been Activated Since Launch
May 13, 2013, 3:33 PM
Quick Note: Windows 8.1 Public Preview Coming in June
May 7, 2013, 6:32 PM
Most Popular Articles
High School Student Creates Storage Device that Can Charge in 20 Seconds
May 20, 2013, 6:51 AM
Apples Tries to Use Decade-Old Patents to Ban Samsung Galaxy S IV
May 22, 2013, 3:00 PM
NASA Awards $125,000 Grant for 3D Printed Food on Long-Term Space Travels
May 21, 2013, 1:32 PM
Microsoft Announces Voice-Controlled "Xbox One"
May 21, 2013, 12:55 AM
Cure For Baldness Could Be on Store Shelves within Two Years
May 22, 2013, 8:29 AM
Latest Blog Posts
Lumosity: Does it Work?
May 22, 2013, 8:20 PM
Quick Note: Sony "Teases" PS4 Ahead of Xbox Reveal in New Video
May 20, 2013, 12:33 PM
Nokia Introduces Instagram-Like App of Its Own to Help Lumia Sales
May 20, 2013, 7:10 AM
Parents of Pre-Teen Drivers Commonly Practice Distracted Driving Says Study
May 9, 2013, 7:16 AM
Apple's iOS 7 Running Into Internal Delays Due to Massive Overhaul
May 1, 2013, 4:26 PM
More Blog Posts
Copyright 2013 DailyTech LLC. -
Terms, Conditions & Privacy Information