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Apple Sued Again Ping!
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Posted on 09/22/2010 6:30:50 PM PDT by Swordmaker
A private New Jersey Corporation by the name of Multi-Format Inc., has filed a patent infringement lawsuit against Apple in the Northern District of Illinois East District Court. The lawsuit appears to be concerning the sale and enabling of downloaded video content like movies and HDTV programming on iTunes to all of Apple's hardware including the iPhone, iPad and Apple TV. Multi-Format Inc., is seeking a "reasonable royalty" from Apple and has further asked the court to consider tripling the damages accessed if the damages are not found by a jury – according to the inclusion of sub-section 284 of the U.S. legal Code found in their complaint.
The Alleged Patent Infringement In-Part
A New Jersey Corporation by the name of Multi-Format Inc. is suing Apple for alleged patent infringement. The patent that is at the heart of this lawsuit is RE38,079 ("the '079 Patent") entitled: Multi-Format Audio/Video Production System.
The alleged patent infringement is laid out in-part as follows: "Apple has made, used, sold, offered for sale and/or imported products which enable the downloading and viewing of video programs, including, but not limited to, the personal computers, including the Power Mac G5, iPhone (including 3GS and 4G), iPad, iPod classic, iPod nano, iPod Touch, Apple TV, and iTunes products, throughout the United States, including in this judicial district. These acts by Apple have directly infringed at least claim 20 of the '079 Patent…"
"Apple has also committed and will continue to commit acts that constituted, with its knowledge of the '079 Patent, knowing and intentional inducement of the infringement of at least claim 20 of the '079 Patent by others within the meaning of 35 U.S.C. § 271(b) through, among other things, its acts of making, using, marketing, distributing, providing, testing, configuring, selling and/or offering to sell in the United States and importing into the United States Power Mac G5, iPhone (including 3GS and 4G), iPad, iPod classic, iPod nano, iPod Touch, Apple TV, and iTunes products; and allowing, authorizing or otherwise providing capability and/or access to third parties or its customers to, inter alia, download and view video programs. The use of the referenced products by Apple's customers or other third parties to, inter alia, download and view video programs, constitutes direct infringement within the meaning of 35 U.S.C. § 271(a).
Apple's infringement has occurred with knowledge of the patents-in-suit and willfully and deliberately in violation of 35. U.S.C. § 284. For example, Apple was given actual notice of the patents-in-suit on or about November 13, 2009, when Multi-Format provided Apple with actual notice of the '079 patent and informed Apple of Multi-Format's belief that Apple was infringing the '079 patent. Apple has failed to adequately respond to Multi-Format's allegations of infringement and, upon information and belief, has not taken necessary steps to avoid infringement. Instead, Apple has continued to infringe the '079 patent, in an objectively reckless manner, with complete disregard of Multi-Format's rights in the '079 patent."
The Relief Sought in this Case
"Multi-Format demands judgment against Apple, including its affiliates, offers, agents, servants, employees, and all persons in active concert or participation with them." The key judgment is:
"An award to Multi-Format of such damages as it shall prove at trial against Apple that is adequate to compensate for their unlawful conduct, said damages to be no less than a reasonable royalty, together with prejudgment interest from the date infringement of the '097 patent began."
The filing on behalf of Multi-Format Inc., was made by their attorneys NIRO, HALLER & NIRO out of Chicago, Illinois. Multi-Format seeks a trial by jury. Multi-Format Inc., is a private company categorized under "Motion Picture Producers and Studios."
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Very Funny!
After all the efforts Apple has made to ensure that content on their Devices will not be Pirated, they go and enable Piracy of other folks content.
I hope they take it in the Ass Big Time.
I only use Non Apple devices where I have true portability of all my purchased content, Without having to jump thru lots of Translation step to get functionality.
Maybe next time read the article, flameBama.
Sorry to hear about your dislike of Apple, but ain't freedom of choice wonderful?
Enjoy.
Can't do that, it takes all the fun out of trying to start a flamewar.
Lame attempt to extort money from Apple. Bad move.
I did read the Article, including the part about not attacking people.
I prefer having the option of directly loading MP3’s and other content without using a Translation utility, Essentially using my device as a media storage device, which it is.
So you don't like Apple products, and you like non-Apple products. That's fine. You have extremely wide choices. Do you realize, out of all the various products in the world to do a given thing, very few, a tiny percentage, are made by Apple. You'd actually have to try very hard to buy an Apple product without realizing you were doing it.
You've got the whole rest of the world to choose from. And most of them are less expensive, too, which ought to make you happier still.
So why are you so unhappy, that you have to take the time to trash Apple? They're not your problem; maybe something else is.
Incidentally, I purchase MP3s from eMusic.com, and rip MP3s from my own CDs and vinyl. The MP3s play perfectly fine on all my players -- one from Samsung, one from Apple, and one from Neuros called an HD from a few years back.
Just sayin', life ain't as tough as you paint it.
Just because I use Non Apple Products doesn’t mean that my family members don’t ask me to try and get their Apple stuff to work.
So, Yes I have good reason to dislike Apple and their troublesome and time consuming copy protection schemes.
Ah. Well, we agree about copy protection, I personally hate it. DRM is poison. Which is why I only purchase legal MP3s, without any DRM.
They run just as well on my iPod player as on the Samsung or Neuros, or any of my computers. I'm not sure I understand your criticism.
There's no reason to feel compelled to use Apple's DRM just because it's an Apple product.
But then, I'm the kind of guy who buys a car and doesn't feel compelled to take it to the brand dealer for service, if I've got an honest, competent, independent mechanic. :)
“I’m not sure I understand your criticism.”
I’m starting to feel like I’m beating a dead horse here.
As I said in my previous post, My Family Members have Apple products and expect me to make them work.
I can’t count the number of times I’ve wasted a whole Sunday afternoon downloading the “NEW” version of Apple’s Utility to an Ipod because even though there were media Files on the device, It could not see them until after the “Update”.
Woo Hoo!!! I finally was able to find an iPhone 4 available within 30 miles of my house...I’m a happy camper now...:o) And death grip produces no drop in bars shown...I didn’t even opt for the free bumper...hahahahaha!
“Translation utility”
I get my media via iTunes and use no “Translation utility.”
DU
I sympathize. Similar situation existed here for years, revolving around WinXP. Since switching to Macs in 2007 my family hasn't had to bug me for tech support. But of course YMMV.
> I’m starting to feel like I’m beating a dead horse here.
Don't sweat it, forget it, have a great evening...
You just aren't too helpful, because your skills are limited. How is that Apples fault?
Remember when Bill Gates said "Windows has no bugs, you just must not know how to use it."
Dude! I smell zot on the way.
Not a problem, will save lots of time by not having to answer the same question multiple times from people that are too lazy to read the post.
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