⚡ Get All Content for 20% Off ⚡

Apple Faces Second Suit From Victorious Patent Firm 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.

By Reuters

entrepreneur daily

Opinions expressed by Entrepreneur contributors are their own.

Reuters | Mike Blake

Fresh off a $532.9 million jury win against Apple Inc, 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.

The new complaint was filed on Wednesday night in the same court in Tyler, where Smartflash is also based and which over the past decade has become a focus for patent litigation. Smartflash licenses its patents but does not make products itself.

"Smartflash filed the complaint to address products that came out too far into the last proceedings to have been included," Smartflash's attorney, Brad Caldwell, told Reuters on Thursday. "Apple cannot claim they don't know about these patents or understand that they are infringing. A diligent jury has already rejected those arguments."

A representative from Apple could not immediately be reached for comment.

Apple said after Tuesday's verdict it would appeal and that the outcome was another reason reform was needed in the patent system to curb litigation by companies that make money off patent royalties instead of products.

The latest suit alleges Apple infringes the same patents at issue in the trial, and names four others. Three of those additional patents were part of its older complaint against Apple, which was later narrowed.

Both Smartflash lawuits say that around 2000, the co-inventor of its patents, Patrick Racz, met with executives of what is now European SIM card maker Gemalto SA, including Augustin Farrugia, who is now a senior director at Apple.

Smartflash has also filed patent infringement lawsuits against Samsung Electronics Co Ltd, Google Inc and Amazon.com Inc over the same patents.

The case is Smartflash LLC et al v. Apple Inc, in the U.S. District Court for the Eastern District of Texas, No. 15-cv-145.

(Reporting by Andrew Chung; Editing by Alexia Garamfalvi and Christian Plumb)

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Side Hustle

The Remote Side Hustle a 43-Year-Old Musician Works on for 1 Hour a Day Earns Nearly $3,000 a Month: 'All From the Comfort of Home'

Sam Ziegler wanted to supplement his income as a professional drummer — then his tech skills and desire to help people came together.

Business News

Costco CFO Reveals Uncertain Fate of $1.50 Hot Dog and Soda Combo

CFO Richard Galanti reveals that the price will stay the same — but only "for a while."

Business News

The Most Unexpectedly Popular Side Hustle of the Decade Has Low Startup Costs and High Markups

A new report shows that vending machines are a popular investment — and the industry is set to grow up to $3 billion by 2031.

Marketing

Ever Wonder Why Certain Websites Rank Higher Than Yours? This SEO Expert Reveals The Secret to Dominating Search Results

It's often the smart use of SEO, now supercharged with AI, particularly in keyword optimization.

Business News

AI Is Impacting Jobs. Here Are the Gigs Affected the Most, According to an Analysis of 5 Million Upwork Postings

The researcher said in the report that freelance jobs were analyzed first because that market will likely see AI's immediate impact.

Leadership

Former Interrogator Shares 5 Behaviors Liars Exhibit and How to Handle Them

Five deceptive behaviors to look for and how to respond to those behaviors when you encounter them.