Feeds

Samsung asks for retrial on rubber-band

New suit tries to overturn loss by stretching a couple of legal points

Providing a secure and efficient Helpdesk

Samsung versus Apple has taken yet another twist, with the Korean company asking for yet-another-trial on the basis that Cupertino reduced the scope of its infamous “rubber-band” patent during a re-examination.

The companies' litigation, set to replace SCO versus IBM as the tech sector's Jarndyce v Jarndyce, has spawned lookalike battles all over the world. In the US and Japan, Apple had a rubber-banding win (there are other claims at stake in various lawsuits), and there's a retrial set for November in which the two will be arguing over last year's $US1.05 billion damages award in favour of Apple.

And in the meantime, there's been a re-examination of the patent at issue, US 7,469,381, during which Samsung says Apple narrowed the scope of its claim as part of its negotiation with the USPTO.

As Apple Insider notes, the small window Apple has opened for Samsung arises because last year, the USPTO “tentatively invalidated” the patent on the basis of prior art.

In its filing, Samsung says:

“Based on the narrowed interpretation advanced by Apple during an oral interview with the Examiner in a desperate bid to save that claim, the Examiner changed his prior final rejection and confirmed Claim 19. Samsung is entitled to a new trial on liability under Rule 59 based on these developments because there is "newly discovered evidence" that would have resulted in a finding of non-infringement with respect to the '381 patent.”

Samsung claims the re-examination means “Claim 19 now requires that the visual effect of edge alignment be present and the specific purpose or cause of the computer instructions performing the snap back be to perform edge alignment” – which it says would mean it would not have lost the case last year.

And so, if it has its way, Bleak House will become that little bit more expensive. ®

Beginner's guide to SSL certificates

More from The Register

next story
Doctor Who's Flatline: Cool monsters, yes, but utterly limp subplots
We know what the Doctor does, stop going on about it already
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
'Cowardly, venomous trolls' threatened with TWO-YEAR sentences for menacing posts
UK government: 'Taking a stand against a baying cyber-mob'
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Ex-US Navy fighter pilot MIT prof: Drones beat humans - I should know
'Missy' Cummings on UAVs, smartcars and dying from boredom
Sysadmin with EBOLA? Gartner's issued advice to debug your biz
Start hoarding cleaning supplies, analyst firm says, and assume your team will scatter
Zippy one-liners, broken promises: Doctor Who on the Orient Express
Series finally hits stride, but Clara's U-turn is baffling
Don't bother telling people if you lose their data, say Euro bods
You read that right – with the proviso that it's encrypted
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.