The US Patent Office fore the Fortunes of the Clash Samsung-Apple
The affair that characterizes the legal battle between Apple and Samsung continues to be enriched by new tiles that reverse, constantly, the tide in favor of the two contenders. This time it’s the turn of Samsung, which could be relieved from paying the remaining half a billion dollars to Apple established by a previous judgment. The matter orbiting the patent for iPhone 3 g, known under number D618677, who would have been declared no longer valid for the purposes of legal dispute from the same us Patent Office.
To better understand how this is possible you need to be aware of a quirk often used by manufacturers (in any industry) in order to gain approval of a patent with an earlier date than the actual presentation: If a patent is refused, you can submit additional changes and additions at any time and keep the date of the original registration rejected as long as the changes and the end product fall within the description of the first patent.
Using this system, Apple unveiled a fairly generic patent dated January 5, 2007, then complete it in November of 2008, when submitted to the US Patent Office the real patent dedicated to iPhone 3 g. Unfortunately for Cupertino, the Patent Office ruled that the patent was not described enough in one presented initially in 2007, why has stated that this may not be valid during the period covering the period from January 2007 to November 2008, but can only be applied from that date.
This change would allow Samsung to not be chargeable weight of the infringement of any patent, since the facts at issue fall within that time frame.
The story then opens an additional window of safety for South Korean companies, which will rely on this point during the third hearing. Even in the most unlikely scenario, Samsung could receive a much lower sentence than currently established, if not entirely paid in case the verdict is favorable. In short, the question still seems to be destined to be discussed for some time.