Yesterday, we reported that Apple was denied a trademark on the iPad mini nomenclature. While it may have seemed like an April Fools’ joke, it wasn’t. Today, CNet is reporting that the U.S. Patent & Trademark Office (USPTO) has reaffirmed the invalidation it issued last October for a patent that Apple was using to sue Samsung. It seems like the USPTO is on the warpath against Apple right now.
According to CNet, the USPTO issued a First Office Action last October on Apple’s ‘381 patent, which covers the “bounce-back” that users see when they scroll to the bottom of a screen. The First Office Action rejected all claims of the patent, even after a Federal jury had considered it valid. The USPTO recently re-examined the patent and issued a Final Office Action today.
The USPTO’s Final Office Action rejects Apple’s patent because the company “has not adequately addressed the office’s concerns or issues.” However, Apple can appeal to the Patent Trial and Appeal Board to have this action overturned.
According to a statement submitted by Samsung to the US District Court, the ‘381 patent was used in Apple’s patent infringement claim against Samsung. The trial ended with a jury finding Samsung guilty of patent infringement to the tune of more than one billion dollars. Last month, presiding judge Lucy Koh ordered a new trial to reevaluate the actual damages. The reevaluation is expected to reduce what Samsung owes by approximately $450.5 million, but this action by the USPTO may affect the final numbers even more.