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The writer of this article is not quite up-to-date on his facts. For example, he states:

"That said, it hasn’t always worked out in the company’s favor. Last year, for instance, Apple went to court in what was called the “plaintiff friendly” U.S. District Court in Texas, only to lose the case. That one was brought against Apple by Smartflash LLC for the company allegedly violating three patents related to copy protection. Apple was ordered to pay $533 million."

The author of the article hasn't been paying attention to the latest news. The base patent in that suit was declared invalid by a Federal Appellate Court in March. That basically eviscerates the $533 million judgement. The three judge panel declared the patent—using the internet to buy things with a computer or mobile device and pay for it with a secure credit card—an un-patentable "abstract idea."

Apple (AAPL) Receives Favorable Decision in Smartflash Patent Case

March 30, 2016 12:39 PM EDT

Apple (NASDAQ: AAPL) has won a verdict in a dispute over Smartflash patents.

Bloomberg said the US Patent and Trademark Office invalidated one of the claims in a $533 million suit.

The Patent Trial and Appeal Board said that the patent isn't eligible for patent protection because it seeks to cover (an) “abstract idea."

The patent challenge was originally filed by Samsung.

That was the lynchpin claim at the heart of the infringement suit. Without it, the rest of the claims all fall. Now, if only someone had challenged Amazon on the same thing for their "pen-click" purchase business plan idea patent for which they get royalties from anyone who uses a one-click buying system.

This also shoots down SmartFlash's immediate second suit against Apple on devices they had not included in their first suit.

Apple should thank Samsung for not having to continue with their own appeal on the same argument. Samsung winning their Appeal case has saved Apple the legal costs as well as the $533 million!

6 posted on 05/23/2016 9:34:34 PM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue..)
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To: Swordmaker

Congress needs to pass laws making patent trolls pay legal fees if they lose and triple damages if it is a pattern of practice with no underlying business case, e.g.actually manufacturing products.


7 posted on 05/23/2016 9:43:47 PM PDT by AndyJackson
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