2011 Leahy-Smith America Invents Act made it easier to tentatively review Apple’s patents

“On Wednesday, Samsung informed a federal court — and the Wall Street Journal dutifully reported — that the U.S. Patent Office had ‘rejected’ all claims of an Apple (AAPL) patent (the so-called ‘pinch to zoom’ patent, or ’915) that the Journal described as ‘a cornerstone of its case against Samsung,’” Philip Elmer-DeWitt reports for Fortune. “In October, the Patent and Trademark Office tentatively concluded that all 20 claims of another Apple patent (’381) — the so-called ‘rubber-banding’ (or over-scroll bounce) patent — were invalid.”

“Two weeks ago, the office tentatively invalidated the broader ‘touchscreen heuristics’ patent (’949, A.K.A. the Steve Jobs patent),” P.E.D. reports. “From the headlines, you’d think that the foundations on which a jury awarded Apple $1.05 billion last August were crumbling.”

“The truth is a little more complicated,” P.E.D. reports. “All three rulings flow from changes in U.S. patent law that Congress passed last year as part of the Leahy-Smith American Invents Act... Key provisions of that act make it substantially easier to challenge a patent after it has been approved. For a filing fee of $17,750, anybody can anonymously demand that the Patent Office initiate a post-grant review on any invalidity ground.”

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USPTO tentatively - and likely temporarily - declares Apple's 'pinch-to-zoom' patent invalid – December 20, 2012

Procedural review of Apple patents limits leverage of rivals for years; Apple patents remain valid and enforceable during review

“Apple Inc.’s patents behind the pinch-to-zoom, bounce-back and multitouch features of its iPhone aren't invalid, at least not yet,” Susan Decker reports for Bloomberg News.

“The U.S. Patent and Trademark Office's initial rejections in recent weeks were consistent with a process in which most patents challenged over the past three decades, including ones rejected at some point, survived in original or modified forms, according to data compiled by the office,” Decker reports. “That process can take years. In the meantime, Apple's patents will be considered valid and enforceable in the global smartphone-patent litigation among it, Samsung Electronics Co. and Google Inc.’s Motorola Mobility unit.”

Decker reports, “‘It has to weigh on the judge's mind on how much damages to award,’ said Scott Daniels, a patent lawyer with Westerman Hattori in Washington who specializes in re-examinations, as the reviews are called. ‘If these are patents of questionable validity, can the judge in good conscience drop the hammer on Samsung?’”

MacDailyNews Take: Wouldn’t a patent lawyer know the simple-to-grasp fact that anybody with $17,750 can anonymously demand that the Patent Office initiate a post-grant review? These procedural, anonymous $17,750 USPTO “reviews” won’t weigh on any even semi-competent judge’s mind.

“The ITC is scheduled to end its investigation by March 13, and it has ruled in other cases that it won't wait for the patent office to complete its work,” Decker reports. “The patent office has sought to speed up the process. Even so, it would probably take at least two years, and possibly longer, before reaching a point where the Federal Circuit could rule on whether to cancel any of the patents, Daniels said.”

Decker reports, “According to patent office statistics from 1981 through June, owners get all of their patent confirmed in 22 percent of re-examinations, and all of the claims canceled 11 percent of the time. The rest involve modifications of the patent, which in some instances means the patent owner changes the wording of the patent, removes elements, or even gets to add more claims.”

MacDailyNews Take: In other words, 89% of patent reviews do not get canceled outright and 78% of patent reviews are modified, including the possibility of adding more claims, thereby strengthening the patent.

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Apple patent reveals new laminate notebook with hidden display in lid

“Yesterday we reported on Apple commissioning the production of a mysterious fiber carbon product,” Jack Purcher reports for Patently Apple. “We were the only source to point out that Apple was also working on ‘glass’ and/or ‘carbon’ fibers for products ranging from the iPhone to a notebook.”

“Today, Apple revealed information about a new notebook product entry that will have a laminate cover that would conceal a hidden camera and mini display on the backside of said notebook,” Purcher reports. “The display won’t be visible until it lights up when the user’s hand hovers over it. It’s simple a fascinating idea – more so because it could lead to an all-new product from Apple.”

Read more in the full article here.

[Thanks to MacDailyNews Reader "Arline M." for the heads up.]

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RUMOR: Apple ordering large number of carbon fiber parts for new mystery product – September 26, 2012