Apple vs. Samsung: $1 Billion Patent Lawsuit Could Be Overturned U.S. Patent and Trademark Office

Apple's huge $1 billion victory over Samsung in a patent infringement case might be short lived if the U.S. Patent and Trademark Office decide to invalidate an Apple patent that is central to the case.

According to the New York Times, Patent and Trademark Office said that a patent granted to the Cupertino Company in relation to the "rubber band" feature should not have been issued. Apple will likely appeal the ruling.

According to Steve Lohr from the New York Times, "The decision to invalidate the Apple patent was made under longstanding procedures for re-examining previously granted patents.Under the America Invents Act, which was passed last year, the post-grant review process is being strengthened and applies to patent re-examination requests filed after Sept. 16."

On August 25, a California jury finally reached a verdict in the Apple v. Samsung lawsuit granting Apple Inc. $1 billion for patent infringement. The jury of nine ruled that Samsung Electronics Co. did in fact "rip off" Apple Inc. by copying the company's revolutionary designs for the computer tablet iPad and smartphone iPhone. The jury decided that the South Korean company should pay $1.05 billion to Apple.

Apple filed suit against a $2.5 billion suit against Samsung in April of 2011. On Friday the jury decided that Apple had valid claims to some of the design infringement, however decided against over other claims thus granting them less than half of what the company looked to procure.

Never the less the win is a big deal for the company. Judge Lucy Koh will make on ruling on whether Samsung's products that have been accused of infringement will be removed from U.S. markets.

Samsung and Apple tied in infringement litigation in South Korea. Bans were placed on both companies. However the bans were limited to products older than three years and only applied to the South Korean market.

The two rivals decided not to reach a settlement, despite the urging of the judge. Instead they left it up to the jurors.

Howard Mintz of mercurynews.com predicted the verdict would likely be in favor of Apple stating, "Apple's simpler arguments, coupled with the mystique of its products, may give it an advantage, but much depends upon the amount of credibility the jury assigns to Samsung's counter-arguments."

Jurors rejected all of Samsung's counter claims.

Since 2011, the two tech moguls have engaged in quite a tussle over design infringement, Apple has repeatedly accused Samsung (not without merit) of imitating its designs for its various products. While, one cannot deny Samsung's products bears a definite resemblance to the corresponding Apple products, Apple might have taken the issue a little too far by suing the company for $2.5 Billion. In turn, Samsung is counter suing Apple for approximately $400 million for damages to reputation and $22 million in royalties.

Apple has been very sensitive, and rightfully so to a certain extent, to patent infringement. In a biography of Steve Jobs by Walter Issacson quoted the former Apple CEO saying about Google's Android, "Our lawsuit is saying, 'Google you f***ing ripped off the iPhone, wholesale ripped us off. I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product," as reported by thevarguy.com.

Apple's pursuit against the South Korean company has been quite in the same lines. In 2011, Apple filed suit against the South Korean Tech mogul Samsung over patent issues and intellectual property rights regarding Apple's highly popular smartphone iPhone and computer tablet iPad. Apple claims that Samsung's smartphones and tablets are knock-offs of its designs.

The two companies have been dispute in over 10 countries, earlier last month a Judge in Great Britain ruled in favor of Samsung. Judge Corin Birss released a statement saying, "They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool," he said. "The overall impression produced is different," according to Reuters.

A few months ago, due to Apple's claims that Samsung's Galaxy Tablet infringed on patents of its very popular iPad, U.S. District Judge Lucy Koh ordered the Galaxy 10.1 computer tablet to be temporarily removed from the US markets.

Samsung's lawyer Charles Verhoeven dismissed accusations telling jurors, "Everyone is out there with that basic form factor...There is nothing wrong with looking at what your competitors do and being inspired by them," as reported by Time Magazine.

The case was filed as: The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).

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