One of
Apple's iPhone patents -- the one that a jury used to decide that Samsung owed
Apple hundreds of millions of dollars in damages -- was just ruled invalid by
the U.S. Patent and Trademark Office.
The
patent in question, D618677, covers the design of the iPhone 3G and was filed
in November 2008, but Apple relied on two patents filed in January 2007 to give
that 2008 patent an earlier protection date. It's a common practice, but the
earlier patents have to sufficiently describe the later one in order to extend
the protection date. The U.S. patent office decided that those two original
patents didn't describe the design patented in late 2008 sufficiently enough,
and that perhaps that patent should have never been issued to begin with,
according to FOSS
Patents.
In the
nearly two years between the two patent filing dates, a host of other
smartphone makers produced phones that looked similar to the iPhone, including
Samsung. Those devices stand as "prior art" now, which means that the
patent covers design traits that were already common by the time it was filed.
The
story behind the story: Samsung
is still fighting the $548 million damages bill it owes Apple,
money that was awarded largely due to this now invalid design patent. A date
for a new trial, the third in this lengthy legal battle, has yet to be set to
determine the final amount Samsung owes, but it's likely that Samsung will
point to the patent office's ruling as evidence that it owes Apple nothing.
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