The U.S. Patent Office just rejected Apple Inc. (NASDAQ:AAPL)’s ‘Pinch-to-Zoom’ claim of patent infringement. Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) filed a petition on Sunday in United States District Court requesting that the Apple Inc. (NASDAQ:AAPL)’s infringement claim be thrown out.

Apple Pinch to zoom

Apple has won previous patent battles

This particular patent, also known as Patent No. 7,844,915, involves a method that allows users to bring their fingers together and separate them to zoom in and out. This is part of an ongoing battle between both tech giants over patent infringements. Nearly one year ago, the jury awarded Apple Inc. (NASDAQ:AAPL) $1.05 billion in patent infringement damages.

MacWorld UK reports, “The 21 claims of the patent were rejected by the USPTO in a ‘final office action,’ as they were anticipated by previous patents or unpatentable. Known as the ‘pinch-to-zoom’ patent, it covers the ability to distinguish between the scrolling movement of one finger and two-fingers gestures like pinch-to-zoom on a touch-screen to activate certain functions. Apple Inc. (NASDAQ:AAPL) has up to two months to respond to the USPTO decision. In a filing in April after USPTO rejected multiple claims of another patent in a similar final office action, Apple Inc. (NASDAQ:AAPL) said it had further options, including appeal to the Patent Trial and Appeal Board and seeking judicial review.”

Apple – in the right, or pushing its luck?

Late last year, the U.S. Patent Office re-analyzed the patent and made the decision to reject all 21 claims. Apple Inc. (NASDAQ:AAPL) tried to argue with their decision but failed to succeed. Interestingly enough, CNET discovered that the patent is still on the USPTO website and there is no report of any legal event regarding the matter. This either means the the USPTO is taking their time to update the change or there is perhaps something else going on.

Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930)’s recent filing shows us that the company is looking eliminate all the claims made against the company’s products under this patent. If this filing is successful, their damages could be reduced.