updated 01:41 pm EDT, Tue July 9, 2013
Move could delay damages retrial
Late on Monday, Samsung filed a motion requesting a new trial over its alleged violation of an Apple "rubber-banding" patent, says FOSS Patents. The patent covers the animation seen whenever someone reaches the top or bottom of a scrolling page in iOS. Samsung has long dropped the feature from its implementations of Android, but has nevertheless been ruled to be infringing the patent in the US and Japan.
In October the US Patent and Trademark Office issued a preliminary invalidation of the patent. While the USPTO would later validate key aspects, in the wake of the earlier ruling, Apple narrowed the scope of the claim in its patent to deny it covered animations "in which the specific purpose or cause of the computer code that generates the snap back effect is anything other than edge alignment." Samsung contends that had this narrowing happened before last year's US trial, the jury might have been more disposed to ruling in Samsung's favor on related claims.
The motion could delay a partial retrial of last year's $1.05 billion verdict. Based on jury errors, a sizable portion of that verdict was vacated, forcing the court to re-examine damages owed. If Samsung asks for a final ruling on the rubber-banding patent and/or appeals any unfavorable outcome on it, the case could be stretched out for another year or longer.