A preliminary ruling from the U.S. Patent and Trademark office has found Apple?s ?pinch-and-zoom? patent to be invalid, which could be big win for Samsung and other handset manufacturers if the ruling is upheld.

Samsung asked for the patent review after a jury found it infringed six Apple patents and awarded $1 billion in damages to Apple. The pinch-and-zoom functionality has been a key part of the multi-touch user experience offered by Apple devices.

?This patent is one of the big guns in the Samsung case,? said Carl Howe, vice president of research and data sciences at Yankee Group , Boston .?It is one of the patents that is viewed as being one of Apple?s most valuable patents because it goes to the core of the multi-touch experience - once you learn it, you do it a lot.?

?The tentative rejection doesn?t impact the enforceability of the patent claim,? he said. ?Even with it tentatively rejected, the award could still stand.?

Key functionality
Per Mr. Howe, the preliminary ruling is an indication from the patent office that Apple?s patent has been tentatively rejected but opens the door for the company to make a case for why the patent should not be rejected.

While Apple is considered a pioneer in bringing touch capabilities to smartphones, Samsung is arguing that the technology is not new.

?Prior to 2007 ? when the patent was filed ? there weren?t any multi-touch things being fielded in smartphones,? Mr. Howe said. ?In fact, smartphones in general were not touch oriented.?

However, pinch and zoom has since become one of the key functionalities consumers associate with smartphones.

Being secretive
If Apple?s patent was ultimately found to be invalid, this could also open some opportunities for other handset manufacturers to use pinch-and-zoom capabilities.

?What it would mean is that the majority of non-Apple manufacturers would be able to copy Apple?s multi-touch technology,? Mr. Howe said.

Invalidating the patent could also affect how Apple brings new technology to market going forward.

?I think Apple is confident that if they don?t get patent protection for this, they will still be able to do well in the market,? Mr. Howe said.

?You can expect they will find other ways to protect their intellectual property in the future,? he said.

?You thought they were secretive before ? just wait.?

The pinch-and-zoom patent is one of Apple?s key arguing points in the ongoing patent infringement case against Samsung.

Samsung is hoping to reverse or reduce the decision by a jury from August awarding Apple more than $1 billion in damages and finding that Samsung infringed six Apple patents. Samsung has reportedly said that the finding by the patent office supports its request for a new trial.

?To my way of thinking, this really was an invention by Apple,? Mr. Howe said. ?You only have to look at history ? it wasn?t mainstream until Apple made it so.?

Final Take
Chantal Tode is associate editor on Mobile Marketer, New York