A federal judge has overturned the $529.9M damages awarded against Apple for infringing on three SmartFlash patents in its iTunes software, reports Reuters. The judge said that while February’s verdict stood, the jury instructions may have “skewed” the jurors’ understanding of the appropriate level of damages.
SmartFlash, a patent troll which had originally sought $852M in damages for patents relating to methods of storing data and managing payment systems, subsequently went back to court to make the same claims against the iPhone 6/Plus and iPad Air 2 – products released after the award …
U.S. District Judge Rodney Gilstrap has set a new trial date of September 14th to decide revised damages.
SmartFlash owns seven patents and derives 100% of its income from settlements or court awards on those. Apple has spoken out against patent trolls, but also warned of the dangers of also cautioned against legislating too broadly to fight them.
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Patent Troll, term used to describe a company suing another company you like more
Patent Troll : term used to describe intellectual holdings companies that make all of their money from suing people whilst not producing anything of value.
Intellectual property is property
Yes, but they paid money to buy the patents they have and their business is set up to license the patents to interested parties so they can derive revenues from the IP.
If I patent a intermittent windshield wiper system and an automaker uses it without paying for it and I have to sue them, that a legitimate example of defending a patent. If I vaguely describe some swiping motion arm and pause and start logic and try to sue everyone that makes washing machines, record turntables, microwaves and anything else I think I may be able to convince a judge and jury that resembles some vague description in my patent, that’s being a troll.
Eric, you mean like parenting rectangular shaped phones?
Is Apple being sued for a vague swiping windshield wiper motion or for “data storage and managing access through payment systems,” …..apples to apples? hmm
Robert Kearns needed decades to finally get a jury award from Ford Motor Company.
Good. Screw them and any idiot stupid enough to defend them because they just hate Apple and are trolling Apple news & rumor websites.
Yes show you how mature you are and call me an idiot just because I called out Ben for poor journalist standards in reporting through petty name calling. Funny every Apple Zombie on this site thinks I hate Apple yet all that I own are Apple products and probably more of them than most everyone in the comments sections. But, whatever, I will be an adult and expect high things from Apple and bloggers who attempt at journalism yet run back to childish name calling for anyone who dares to stand up to Apple.
You can use the term Patent Assertion Agency if you prefer, but a rose by any other name … The simple fact is that this company has purchased seven patents and its entire business model and revenue stream is obtaining settlements and awards from those seven patents. It is a completely different situation to a company like Apple, Samsung, Google or Microsoft – tech companies who invent things and defend their own inventions.
Further the judge DIDNT over turn the verdict, he over turned the damages…..therefore, Apple DID infringe. So continue to defend Apple.
Let the Reds mist gooooooooooooooooooooooooo!