Smartflash Hits Apple With Second Lawsuit After Winning $533 Million Verdict

itunesiconJust one day after Apple was ordered to pay a $532.9 million settlement to Smartflash LLC for infringing upon its patented technologies, the Texas-based patent licensing firm has sued the Cupertino-based company a second time over the same patents (via Reuters). The new lawsuit covers Apple products that were introduced after the original case was filed, including the iPhone 6, iPhone 6 Plus and iPad Air 2.

"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."

The new lawsuit was filed in the same Tyler, Texas district court on Wednesday night, only hours after a federal jury found Apple guilty in the original trial. Apple plans to appeal the decision in the original lawsuit under the belief that the patents are invalid. The patented technologies relate to digital rights management for downloaded songs, videos and games.

“Smartflash makes no products, has no employees, creates no jobs, has no U.S. presence, and is exploiting our patent system to seek royalties for technology Apple invented,” said Kristin Huguet, an Apple spokeswoman. “We refused to pay off this company for the ideas our employees spent years innovating and unfortunately we have been left with no choice but to take this fight up through the court system.”

Smartflash LLC fits the definition of a so-called "patent troll," which is generally considered to be a company that licenses patents but does not sell any products or services based on the inventions. The small company has also filed similar lawsuits against Samsung Electronics, Google and Amazon in recent months over the same patents. The new lawsuit against Apple was filed in the U.S. District Court for the Eastern District of Texas.

Top Rated Comments

sputnikv Avatar
86 months ago
what a joke
Score: 19 Votes (Like | Disagree)
Number 41 Avatar
86 months ago
The size of the verdict made me actually laugh in open court today.

No way Apple ends up paying half a billion dollars for something like this.

----------

Good for Smartflash!

Signed, an employee or stakeholder of Smartflash Patent Trolling LLC.
Score: 12 Votes (Like | Disagree)
Number 41 Avatar
86 months ago
My criticism of the term "patent troll" is that it fails to acknowledge that at some point, somebody out there invented the technology in dispute, and at some point Smartflash paid $$$ to that inventor. In order to recoup that cost, "patent trolls" engage in patent lawsuits. If you're opposed to patent trolling, then how is that original inventor going to be compensated?

By either putting the patent to use in an actual product or selling it to a company that puts the patent to use in an actual product.

No company should be able to exist solely for the purpose of buying patents and suing people for money.
Score: 11 Votes (Like | Disagree)
kingtj Avatar
86 months ago
Bull....

The fact is, patent law SHOULD be revised to require you actually create a marketable product with your concept or else the patent expires/gets revoked. Anything else just encourages these stupid lawsuits -- because, "If you can't innovate? Litigate!"

As far as I'm concerned, anyone can sit around and dream up concepts for things -- but that's worth nothing more than any other type of daydreaming if you don't get out there and DO something with your thoughts.

There's no reason to allow government protection of unused ideas. This just lets people stockpile them, waiting to use them to harass people in court who actually DO the work to produce something with the same or very similar concepts.


My criticism of the term "patent troll" is that it fails to acknowledge that at some point, somebody out there invented the technology in dispute, and at some point Smartflash paid $$$ to that inventor. In order to recoup that cost, "patent trolls" engage in patent lawsuits. If you're opposed to patent trolling, then how is that original inventor going to be compensated?
Score: 10 Votes (Like | Disagree)
TWSS37 Avatar
86 months ago
Good for Smartflash!
Score: 8 Votes (Like | Disagree)
spectrumfox Avatar
86 months ago
Look at that poster's signature. Anti-Apple. Just here to make noise.
Totally.

Let's stone him for having a different opinion than our own and for not owning an Apple product. His kind doesn't belong here. :apple:
Score: 6 Votes (Like | Disagree)

Top Stories

affinity designer contour tool

Serif Updates Affinity Photo, Designer, and Publisher With New Tools and Functions

Thursday February 4, 2021 1:58 am PST by
Serif today announced across-the-board updates for its popular suite of Affinity creative apps, including Affinity Photo, Affinity Designer, and the Apple award-winning Affinity Publisher for Mac, all of which were among the first professional creative suites to be optimized for Apple's new M1 chip. "After another year which saw record numbers of people switching to Affinity, it's exciting to...
studio buds family

Beats Studio Buds Debuting Today With Active Noise Cancellation, Stemless Design, and More for $150

Monday June 14, 2021 8:00 am PDT by
We've seen a lot of teasers about the Beats Studio Buds over the past month since they first showed up in Apple's beta software updates, and today they're finally official. The Beats Studio Buds are available to order today in red, white, and black ahead of a June 24 ship date, and they're priced at $149.99. The Studio Buds are the first Beats-branded earbuds to truly compete with AirPods...
General Apps Messages

Android iMessage Competitor Puts Pressure on Apple

Friday July 30, 2021 3:15 am PDT by
Google and the three major U.S. carriers, including Verizon, AT&T, and T-Mobile, will all support a new communications protocol on Android smartphones starting in 2022, a move that puts pressure on Apple to adopt a new cross-platform messaging standard and may present a challenge to iMessage. Verizon recently announced that it is planning to adopt Messages by Google as its default messaging...
maroon5memories

Apple Collaborates With Maroon 5 to Add 'Memories' Song to Photos App

Wednesday September 25, 2019 12:02 pm PDT by
Apple has teamed up with Maroon 5 to add the group's new song "Memories" to the Memories feature in the Photos app, allowing it to be used for photo slide show creations, reports Billboard. "Memories" will be available as a soundtrack option for a limited time and it is available to iPhone and iPad users running the latest iOS 13 and iPadOS software. Memories in the Photos app are created ...
qualcomm snapdragon x60 5g

iPhone 13 Lineup Expected to Use Qualcomm's Snapdragon X60 Modem With Several 5G Improvements

Wednesday February 24, 2021 8:10 am PST by
Apple's next-generation iPhone 13 lineup will use Qualcomm's Snapdragon X60 5G modem, with Samsung to handle manufacturing of the chip, according to DigiTimes. Built on a 5nm process, the X60 packs higher power efficiency into a smaller footprint compared to the 7nm-based Snapdragon X55 modem used in iPhone 12 models, which could contribute to longer battery life. With the X60 modem, iPhone...
iPhone 13 Wi Fi 6E feature update

Wi-Fi 6E Explained: What It Could Mean for iPhone 13 and Beyond

Monday August 2, 2021 8:00 am PDT by
The iPhone 13 is widely expected to come with Wi-Fi 6E capabilities, and while it may seem rather nuanced to the average consumer, with only improved speeds and being "up to date" in the realm of Wi-Fi technology, it's actually a fairly significant improvement, laying the groundwork for much of what we know the future holds. To truly understand Wi-Fi 6E, MacRumors sat down for an exclusive...
iphone 12 colors 2021

iPhone 12 Colors: Deciding on The Right Color

Thursday November 5, 2020 8:35 am PST by
The iPhone 12 and iPhone 12 Pro arrived in October 2020 in a range of color options, with entirely new hues available on both devices, as well as some popular classics. The 12 and 12 Pro have different color choices, so if you have your heart set on a particular shade, you might not be able to get your preferred model in that color. iPhone 12 mini and iPhone 12 The iPhone 12 mini and iPhone...
m1 imac orange

New iMac Tidbits: Headphone Jack on Side, Ethernet Port on Power Adapter, Spatial Audio and WiFi 6 Support, No SD Card Slot

Wednesday April 21, 2021 6:38 am PDT by
Apple yesterday announced a completely redesigned 24-inch iMac with the M1 Apple silicon chip. The new iMac, the first major redesign of the Mac desktop computer since 2012, has several changes compared to the previous generation. In the aftermath of the event, a few new features and tidbits may have slipped under the radar, so we’ve compiled this list of some of the less-talked-about...
original iphone

Phil Schiller Says iPhone Was 'Earth-Shattering' Ten Years Ago and Remains 'Unmatched' Today

Monday January 9, 2017 7:15 am PST by
To commemorate the tenth anniversary of the iPhone, Apple marketing chief Phil Schiller sat down with tech journalist Steven Levy for a wide-ranging interview about the smartphone's past, present, and future. The report first reflects upon the iPhone's lack of support for third-party apps in its first year. The argument inside Apple was split between whether the iPhone should be a closed...
os x mountain lion macs 16x9 2

Apple Makes OS X Lion and Mountain Lion Free to Download

Wednesday June 30, 2021 12:19 pm PDT by
Apple recently dropped the $19.99 fee for OS X Lion and Mountain Lion, making the older Mac updates free to download, reports Macworld. Apple has kept OS X 10.7 Lion and OS X 10.8 Mountain Lion available for customers who have machines limited to the older software, but until recently, Apple was charging $19.99 to get download codes for the updates. As of last week, these updates no...