USPTO confirms Apple’s patent 381 is invalid
As you may recall, the ground-breaking patent dispute between Samsung and Apple ended with Samsung owing Apple $1.049 billion in damages. That sum was then reduced by Judge Koh to $598 million due to errors by the jury. Now, that sum may be reduced even further.
Back in October, the United States Patent and Trademark Office (USPTO) filed a First Office Action that flat out rejected Apple’s 381 patent. This of course was one of the patents that started this mess. Now, the USPTO has followed up with a Final Office Action that states that Apple has failed to satisfy the USPTO’s concerns. This means that at the very least, Samsung’s fine will be reduced, as the jury found that 21 Samsung devices infringed patent ‘381, awarding damages for 18 of them.
This is not final because Apple can very easily appeal the decision to the Patent Trial and Appeal Board. Regardless, Apple and Samsung are headed back to trial in order to recalculate the mistakes that were made originally. It’s quite possible that the new trial will yield different results all together but for now, Samsung certainly has its head held high.