US nullifies Apple patent

Samsung seeks more damages cut

By Kim Yoo-chul

Samsung Electronics is expected to see the damages the Korean firm owes Apple in their landmark patent lawsuit further reduced as the U.S. Patent and Trademark Office (USPTO) has decided to nullify one of the U.S. tech giant’s key patents.

This is another blow for Apple after U.S. federal judge Lucy Koh, the presiding judge in the world’s biggest technology dispute in history, nearly halved Samsung’s payment to Apple and ordered a new trial on the damages to recalculate them.

The nullified Apple patent is the so-called 381 patent ― which is the bounce-back one ― the technology that users get when a person scrolls to the bottom of a screen. The 381 patent also covers a host of touch-screen actions, including dragging documents, said patent experts based in Seoul.

The USPTO issued a First Office Action last October that tentatively rejected all claims that Samsung had infringed on Apple's bounce-back patent. As part of its re-examination of the patent, the USPTO recently issued a Final Office Action.

``This final action by the USPTO is relevant because it finally rejects multiple claims of the 381 patent. This final rejection includes claim which is the only claim of the 381 patent at issue in this action.’’ The USPTO issued a Final Office Action, according to a Samsung filing late Tuesday (KST) with the U.S. District Court for the Northern District of California.

``The jury found at trial that out of 21 Samsung products, 19 inflinged on the 381 patent … The jury awarded damages as to 18 of Samsung products. Some, but not all, of these damages awards have been vacated for new trial,’’ the ruling stated.

Samsung confirmed the decision but didn’t give more details. The decision suggests that since the USPTO’s previous finding in the re-examination process, Apple hasn’t adequately addressed the office’s concerns.

The latest rejection by the USPTO could be appealed to the Patent Trial and Appeal Board, a panel that reviews the office’s patent decision.

But Samsung officials told The Korea Times it doesn’t care so much about Apple’s next move.

``Apple is expected to appeal. But the review will take more than eight months. Samsung has already been implementing modified technologies to our Galaxy line of devices even before the USPTO’s previous finding,’’ said a Samsung official who is familiar with the matter by telephone.

The USPTO had issued its first office action last October that tentatively rejected all claims of the 381 patent after a federal jury in the San Jose court deemed it valid that Samsung had infringed on it.

Samsung is waiting for a final decision from the U.S. International Trade Commission (USITC) whether its technology patents infringed on Apple patents. The final ruling is set for May 31.

Patent experts say the latest decision by the USPTO will make a positive impact on Samsung.

``Apple may feel uneasy. Possibility over cross-licensing deal is growing. Samsung lawyers are proving their capabilities as more key Apple patents were nullified,’’ said an official at the Korea Intellectual Property Office (KIPO) separately by telephone.