[The Patent Reexamination Board conducted an oral hearing on "Apple's request for invalidation of multiple patents for Qualcomm." On May 4, 2018, the Patent Reexamination Board conducted an oral verdict on the case of invalid declaration request No. 4W106649. The case was the first "public hearing of major cases" activity (the seventh overall period) organized by the Patent Reexamination Board in 2018. The case involved the invention patent No. 201310491586.1 entitled “Card metaphor for activities in computing devicesâ€, the patentee was Qualcomm Incorporated, and the invalidation requester was Apple Computer Trading (Shanghai) Co., Ltd. In recent years, disputes between Qualcomm and Apple have continued, and Qualcomm has filed multiple patent infringement lawsuits against Apple Inc. in various courts in Beijing and Fuzhou, including more than 100 million claims. Correspondingly, Apple also filed a request for invalidation against the Patent Reexamination Board for a number of patents issued by Qualcomm. This case is one of the more than ten cases of invalid declaration requests filed by Apple against Qualcomm recently. The related lawsuits involved the requirement that Apple stop selling and promise to sell products such as iPhone7 and 7plus, which are significant. With the burgeoning of a new generation of information technology, the popularity of mobile Internet technology has made people rely more on smart mobile devices. The continuous improvement of the performance of smart mobile terminals enables them to support more complex application programs (APPs), and the miniaturization of the appearance size also brings certain difficulties to human-machine interaction operations. Therefore, how to get rid of the original monotonous and tedious operation interface with complicated user interaction and create a graphical user interface (Graphical User Interface, referred to as “GUIâ€) that is easy to operate and has become the focus of R&D of mobile terminal equipment manufacturers . The case relates to a technical solution of using the sliding gesture to perform switching or exit of the APP during the interaction of the GUI of the computer device, and is one of the typical cases in which the GUI is protected by the invention. Because the gesture can be directly and intuitively displayed on the display screen, the user is more clear about the corresponding gesture operation and the interaction result, and the control effect is better. Therefore, the scheme involved in the patent is involved in the GUI interaction design of the smart mobile terminal. broadly used. As one of the two major giants of Qualcomm and Apple Inc.’s numerous series of invalidation requests, the review results of this case may have a profound impact on the protection of GUI interactions in smart mobile devices. In view of this, the Patent Reexamination Board has established a five-person collegial panel to conduct the trial, and the members of the collegial panel are engaged in the review of business experts and business leaders. The reason for the invalidity of the case involved Article 33 of the Patent Law, Article 1 of Article 20 of the Patent Law, Article 4 of Article 26 of the Patent Law, and Article 2 and 3 of Article 22 of the Patent Law. It covers almost all invalidations in the Patent Law. In the article, the evidence involved 12 domestic and foreign patent documents and a large number of foreign language translations. The technical content and the combination of evidence are relatively complex. The parties to the oral hearing fully stated their opinions on whether this patent satisfies the above-mentioned provisions, and combined with the above-mentioned 12 evidences, it fully implemented the novelty and inventiveness of the case in terms of whether or not the case had the provisions of Article 22, paragraphs 2 and 3 of the Patent Law. The debate, in which the debate on creative issues involved dozens of combinations of evidence, the collegial panel listened carefully to the opinions of both parties. The patent warfare between Qualcomm and Apple, the industry giant, has kicked off. The Patent Reexamination Board has arranged a senior collegial panel to deliberately handle a series of invalid cases. At the same time, it also enhances the transparency of the review work and enhances the collegial panel’s Responsibility and sense of responsibility ensure that the case is heard objectively, impartially, accurately, and promptly.
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