Reply to post: Re: Taketh away

Apple: Samsung ripped off our phone patent! USPTO: What patent?

Michael H

Re: Taketh away

This one was actually rightfully rejected - and for amusing reasons.

The patent that Apple is asserting in this case was filed using a dubious method - they take an earlier failed patent application and submit a completely different concept as a refiling, so that if it's granted, the patent will receive the filing date of the earlier first filing.

This is where things get interesting. The original filing was made in January 2007 - making it before the iPhone's release. When the USPTO reviewed this patent in the course of the case, they noted that the design patent granted differed substantially from the initial application. Because of this, they changed the filing date to when the refiling was submitted, which was August 2008.

So the two pieces of prior art that invalidate the iPhone's design patent are the iPhone and iPhone 3G! Whoops.

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