Feeds

Samsung asks for retrial on rubber-band

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

SANS - Survey on application security programs

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. ®

High performance access to file storage

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.