Feeds

Samsung asks for retrial on rubber-band

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

Beginner's guide to SSL certificates

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. ®

Intelligent flash storage arrays

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Sysadmin with EBOLA? Gartner's issued advice to debug your biz
Start hoarding cleaning supplies, analyst firm says, and assume your team will scatter
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
Microsoft EU warns: If you have ties to the US, Feds can get your data
European corps can't afford to get complacent while American Big Biz battles Uncle Sam
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

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
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?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.