Second Reexaminaton of MirrorWorlds Patent Results in Non-Final Rejection
May 15, 2011- The patent office has issued a non-final rejection in the latest attempt by Apple to invalidate one of MirrorWorld‘s document streaming patents. Apple’s first request for reexamination of the patent, filed in April 2009, resulted in confirmation of the validity of the claims in February 2011. Apple’s second request, submitted in November 2010, has resulted in a non-final rejection of all pending claims issued by the patent office on May 11, 2011. Last month, in the Mirror Worlds v. Apple litigation, US District Court Judge Leonard Davis overturned an Eastern District of Texas jury’s 2010 finding of infringement by Apple and subsequent damages award of $625M. In his Memorandum Opinion and Order, Davis wrote, “No matter how attractive a party paints the façade of its case, it is worthless without the requisite foundational support. It is the Court’s job to inspect that foundation, and where it has not been properly laid under the law, to set aside the verdict to protect the reliability of our jury system. In this case, Mirror Worlds may have painted an appealing picture for the jury, but it failed to lay a solid foundation sufficient to support important elements it was required to establish under the law. Accordingly the Court rejects Mirror Worlds’ case as to infringement and damages, while affirming it as to validity and inequitable conduct.” vMirror Worlds had initially filed the complaint against Apple in 2008.