Apple Repeat "Gimme More" Infringement Suit Ping!
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Posted on 02/28/2015 12:38:54 AM PST by Swordmaker
(Reuters) - Fresh off a $532.9 million jury win against Apple Inc (AAPL.O), a Texas company is again suing the tech giant, this time over the same patents' use in devices introduced after the original case was underway.
Smartflash LLC aims to make Apple pay for using the patent licensing firm's technology without permission in devices not be included in the previous case, such as the iPhone 6 and 6 Plus and the iPad Air 2. The trial covered older Apple devices.
On Tuesday, a jury in federal court in Tyler, Texas found that Apple willfully violated three Smartflash patents with devices that use its iTunes software. The patents relate to accessing and storing downloaded songs, videos and games.
(Excerpt) Read more at reuters.com ...
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"Smartflash sued Apple in May 2013, alleging its iTunes software infringed its patents related to accessing and storing downloaded songs, videos and games."
I mean, it sounds like they're claiming ownership of the idea of file systems. Am I missing anything??
If the patent owner has something unique about its filing system that can be shown to have been stolen by Apple, it’s valid
These bozos invented a SmartFlash drive with a ROM in it back in 1998 that went no where. However in their patent application for this USB device they included how it would connect through the computer which was connected to the internet to a secure server which would allow them to purchase and then dispense digital content after certifying authenticity due to the USB dangled SmartFlash invention. Because their CLAIMS included all this description of how their device connected through all that, THEY CLAIM that they have been granted a patent on all sales of anything from a computer, mobile device, etc, which connects through the Internet, to a server, that can securely purchase and download digital content!
This ignores there were prior art devices such as CREDIT cards that did such things already. . . and placing the code on a SMARTFLASH was an obvious move and therefore not a patentable invention. . . in addition, they got six MORE patents all basically identical to their first one all filed in 2008 to 2010 adding things the iPhone, iPad, iPod touch were doing.. . all granted in 2010 or later. AND NOW Sue for things developed by Apple!
When your opponent shows legal, relevant patents to the court, your best defense is not telling the court he is an eighth grade drop-out.
I and many others have read through these patents and can find nothing in them unique. It was all being done before 1998, the date they are claiming for their priority. . . but what they are suing for is not even that. They are essentially claiming they invented the concept of buying content securely over the internet from any device. . . an obvious absurdity. They claim this because they included the steps necessary for their SmartFlash device to work in their claims. Since it was in their claims, they say that their patent gives them the patent on online sales of downloadable content. ALL downloadable content sales. This is not what they were claiming to have invented. . . but was a submarine inclusion in the claims. . . but was something already being done.
I’ll save you the trouble.
If Apple sues someone over a flimsy, and overly-broad patent that should have never been granted, it is a valid exercise in preventing evil people from stealing Apple’s ideas.
If someone sues Apple for the same reason, then those people are evil SOBs and are doing it because they are bad and greedy jerks.
Yes, you're missing the fact that SmartFlash has a patent, and Apple was found guilty of infringing it. Apple did not sue to prove the patent was invalid, and thus it is still valid. You may think it is invalid, but the patent office doesn't. The patent office carries more weight than you do on this issue.
This is gangsterism pure and simple and since they appear to be suing Samsung and everybody else as well as
Apple, the ultimate victime is you and me and everybody who uses smart phones and similar devices. All such costs of doing business get passed through.
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