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Apple has found itself facing a second trial because of Smarflash LLC, after having to give away at the first one the incredible sum of $532,900,000.00 two days ago in Tyler, Texas for infringing patents. In this first case, the technology that has been the cause of the lawsuit has been iTunes.
The “non-practicing entity” is called a “patent troll”, which is clearly a problem for everyone involved. The case is identical: Smartflash is filed against Apple for the same patents that have been suposingly used in products of Apple after the first trial has started. The gadgets that are included in this category are Apple iPhone 6, iPhone 6 Plus and iPad Air 2, which use the same technology used by iTunes, so they are under the vigilant eye of Smartflash. The first trial has started in May 2013, so Apple had some time to create these famous gadgets that Smartflash has followed and analyzed in detail in order to support its case.
Brad Caldwell, the lawyer representing Smatflash has stated that:
“Smartflash filed the complaint to address products that came out too far into the last proceedings to have been included.”
Additionally, he said that Apple can’t claim that they don’t understand that they are infringing, taking into consideration that a very wise jury has already rejected those arguments. On another hand, Apple didn’t want to make any comments about the issue.
The trial is under the same jurisdiction that has awarded damages to Smartflash some days ago. Even if after the first trial, Apple representatives said that the company needs to me time reform the technology patent system and they they would appeal, this next move from Smartflash has surprised them in every way. However, Apple is not the only one who’s enemy is Smartflash, because this company has filed against Google, Samsung and Amazon too.
Smartflash is nicknamed in the industry a “patent troll”, name that has been given by critics to other similar companies aswell. The firm is located in the British Virgin Islands and its job is to protect and own licences and tech-related patents. However, the company doesn’t design and put on the market the products itself. Moreover, Smartflash is not the only one who found this technique in order to damage other highly-scored companies. Samsung has lost the case with Rembrandt not a very long time ago, having to give them $16 million and Symatec has paid $17 million to Ventures.
Image Source: Everyday Life
