Yesterday we heard that Samsung were denied their latest appeal by the Federal Court in the US and now their only option to appeal against the $500 million in damages that they owe Apple is the US Supreme Court.
Now one of the patents that was used against Samsung by Apple in the lawsuit has been invalidated by the USPTO, the patent which is number 618,677 has received a non final rejection.
Foss Patents discovered the the USPTO had reexamined the patent, here is what they had to say about it.
The problem the D’677 patent faces here is that the USPTO has determined (for now) that this patent “is not entitled to benefit of the filing date” of two previous Apple design patent applications because the design at issue was not disclosed in those earlier applications. As a result, certain prior art is eligible now, and against the background of that additional prior art, the USPTO believes the patent shouldn’t have been granted.
What bearing this will have on the damages awarded to Apple by Samsung remains to be seen, Apple still holds a range of other patents which were used in the case again Samsung.
Source Foss Patents
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