The US Patent Office has ruled in a preliminary judgment that Apple’s ‘Pinch and Zoom’ patent is invalid on all 21 counts.
While the judgment will be appealed, how does it affect the payout from Samsung to Apple, considering the fact that the jury ruled that this patent was infringed by Samsung?
Consider RIM, which was fined $500 million plus for patent infringement, for patents that were ruled invalid.
When patents are found infringing in cases but are found invalid at a later point in time, where does this leave the business that was penalized for ‘infringing’ the said patent? More so, if, due to the penalty, the business has been forced to close?
If found invalid, should the winning party return money to the infringer? Or should it be the case that while the validity of patents is being discussed, they should not be used for trials?