itunes_12_2_iconThe U.S. Patent and Trademark Office on May 26 invalidated two of three patents owned by Smartflash LLC, a patent licensing firm that was awarded a $532.9 million verdict against Apple in February 2015, according to Bloomberg.

A three-judge panel at the patent agency found that the two patents never should have been issued in the first place because the idea of storing and paying for data is an abstract concept, not a specific invention.

A third patent owned by Smartflash LLC was also invalidated in late March, increasing the odds that Apple will not have to pay the large sum. Smartflash LLC, which fits the description of a patent troll, can still ask the Patent Trial and Appeal Board to reconsider and file an appeal with the U.S. Court of Appeals for the Federal Circuit.

Last year, a federal jury for the U.S. District Court for the Eastern District of Texas found certain iTunes apps to be infringing upon Smartflash LLC's patents, related to digital rights management, data storage, and managing access through payment systems. Apple appealed the decision, arguing that the patents were invalid.

Smartflash LLC also targeted Samsung and Google with similar patent infringement claims.

Top Rated Comments

HobeSoundDarryl Avatar
102 months ago
I think I'd be in favor of throwing out patents entirely. I don't see any reason for them to exist. They supposedly exist to protect inventors... but from what?

If patents didn't exist:
I put a lot of effort into R&D. Bring my product to market. I'm now the only person selling my product for a period of time.
You want to duplicate my product. You buy it. You invest in reverse engineering. You can now also sell the product.
Com'on man. Read Tesla's story and consider the above. He did the big thinking and then the big inventing that is still crucially important to all of our lives today. What he always lacked? The money to thoroughly bring his inventions to market. Bigger players with deeper pockets exploited his inventions and got very, very rich... continuing to reap the profits from his inventions to this day. He died penniless.

Fundamentally, a patent allows the poorest of the poor to invent something and get compensated for it... either by finding a way to bring it to market or by those who have such resources licensing the invention from him or her. Either way, the inventor gets paid for their innovation.

As is now, gigantic corporations will just skip the licensing and implement inventors work and then fight the poor inventor in court if the inventor can bring themselves to try to take on Goliath. Goliath can pay a 100 of the best attorneys while poor inventor can't necessarily even pay for 1 poor one. And still, because there is a granted patent, the inventor may get paid anyway for their invention.

Are there flaws in the patent system? Yes, plenty... especially when it comes to patenting software (which, IMO, should fall under copyright law, not patent law) and fundamental tech (like rounded rectangles).

Do as you suggest- basically kill the system of patents altogether- and only the big corporations would have the incentives to invent and share their inventions with the world in products. A Tesla could not do his kind of thing in such a world. And, if so, you & I might be reading each others posts by candlelight, probably written in ink on parchment paper without the work of the Teslas.

If the patent system is good when it works for Apple is should be just as good when it works against Apple. Apple- and our Apple halo opinions- cannot have it both ways.
Score: 13 Votes (Like | Disagree)
TheAppleFairy Avatar
102 months ago


If patents didn't exist:
I put a lot of effort into R&D. Bring my product to market. I'm now the only person selling my product for a period of time.
You want to duplicate my product. You buy it. You invest in reverse engineering. You can now also sell the product.
That's an awful idea, large companies who can outsource and come up with money easily could squash little guys before they even get a chance to start making a profit.
Score: 7 Votes (Like | Disagree)
ArtOfWarfare Avatar
102 months ago
I think I'd be in favor of throwing out patents entirely.

I don't see any reason for them to exist.

They supposedly exist to protect inventors... but from what?

If patents didn't exist:
I put a lot of effort into R&D. Bring my product to market. I'm now the only person selling my product for a period of time.
You want to duplicate my product. You buy it. You invest in reverse engineering. You can now also sell the product.

How is the original person who invested in R&D harmed? They still made their initial profits. Their future profits might decline... but so what? Can't rest on your laurels. Consumers benefit because they have more choice.

If patents worked perfectly:
I put a lot of effort into R&D. Bring my product to market. Charge insane prices because I have a monopoly.

The way patents actually work right now:
Starts the same way as if they didn't exist. But wait, a patent troll exists! The person who invested in the R&D gets a BS lawsuit!

Patents make no freaking sense. If they worked perfectly, it would be terrible for consumers. If they didn't exist at all, it would be ideal for consumers. As is, they're terrible for everything but patent trolls and lawyers... consumers and inventors both suffer in the current system.
Score: 3 Votes (Like | Disagree)
JGRE Avatar
102 months ago
Now hold up just one minute. :rolleyes: We can't kill the patent trolls. Otherwise, we'd have to kill Apple, Blackberry, Microsoft, Ericsson, and Sony. Because that little cabal formed a patent troll. Thankfully, they eventually came to their senses, but there's no denying they were a troll. And they went trolling.
A patent troll is a company that holds patents for no other reason than squeezing money out of it with no intention at all to monetize the patents in any products or services. The companies you name don't fit the definition.
Score: 3 Votes (Like | Disagree)
DynaFXD Avatar
102 months ago
That's an awful idea, large companies who can outsource and come up with money easily could squash little guys before they even get a chance to start making a profit.
A) Anybody can outsource, even individuals.
B) Big companies can still bleed the small guy dry by dragging them into court to argue prior art or any other reasonably flimsy excuse;
C) Big companies already use patents to keep others out of their sand box.

While I do not agree that there should be no patents. I do not like the idea of companies being able to buy them all up and wield them like a sword to take down others. There should be some system of 'use it or lose it.' IMHO.
Score: 3 Votes (Like | Disagree)
redscull Avatar
102 months ago
So basically, rules that favor Apple at all others expense.
No. I am by no means one of those types. I cannot even fathom how anything I said would lead you to believe that.
If the buyer is a troll, then so be it. If the troll will ultimately seek compensation from an Apple, why didn't an Apple get in there and outbid the troll for the inventors patent in the first place?
Now I am not sure you are actually reading what people reply. Apple/whoever didn't get in there in the first place for two reasons:

One, the inventor and/or his invention was unknown. Trolls buy up tech en mass at bargain prices from desperate inventors long before any of it is relevant. Most of those patents never pay off, but it doesn't matter so long as a few win the troll some major lawsuits. It's not like there was a big auction where Apple/whoever sees the patent and passes on it or intentionally decides not to license it.

Two, the patents are stupid. The software engineer at Apple or any other big or little company easily "invents" the exact same stuff with no knowledge of the existing patent, and it seems so obvious to them that they don't bother investigating. The troll also doesn't tell them they were accidentally using their patent and make a licensing offer; instead they wait it out until they can maximize their pay day.

That's how the system currently, actually works. I am not saying the concept of patents is bad, but how it presently works is pathetically broken.
Score: 2 Votes (Like | Disagree)

Popular Stories

reset password request iphone

Warning: Apple Users Targeted in Phishing Attack Involving Rapid Password Reset Requests

Tuesday March 26, 2024 4:34 pm PDT by
Phishing attacks taking advantage of Apple's password reset feature have become increasingly common, according to a report from KrebsOnSecurity. Multiple Apple users have been targeted in an attack that bombards them with an endless stream of notifications or multi-factor authentication (MFA) messages in an attempt to cause panic so they'll respond favorably to social engineering. An...
iPhone Home Screen Gradient Blank Spaces 1

Sources: iOS 18 Lets Apps Be Placed Anywhere on Home Screen Grid

Sunday March 24, 2024 1:33 pm PDT by
iOS 18 will give iPhone users greater control over Home Screen app icon arrangement, according to sources familiar with the matter. While app icons will likely remain locked to an invisible grid system on the Home Screen, to ensure there is some uniformity, our sources say that users will be able to arrange icons more freely on iOS 18. For example, we expect that the update will introduce...
iPad Pro 2024 Landscape Camera Feature

New iPad Pro Again Rumored to Feature Landscape Front-Facing Camera

Monday March 25, 2024 5:43 am PDT by
The next-generation iPad Pro will feature a landscape-oriented front-facing camera for the first time, according to the Apple leaker known as "Instant Digital." Instant Digital reiterated the design change earlier today on Weibo with a simple accompanying 2D image. The post reveals that the entire TrueDepth camera array will move to the right side of the device, while the microphone will...
sonoma desktop wwdc

Apple Releases macOS Sonoma 14.4.1 With Fix for USB Hub Bug

Monday March 25, 2024 10:10 am PDT by
Apple today released macOS Sonoma 14.4.1, a minor update for the macOS Sonoma operating system that launched last September. macOS Sonoma 14.4.1 comes three weeks after macOS Sonoma 14.4. The ‌‌‌‌macOS Sonoma‌‌ 14.4‌.1 update can be downloaded for free on all eligible Macs using the Software Update section of System Settings. There's also a macOS 13.6.6 release for those who...
maxresdefault

Apple Announces WWDC 2024 Event for June 10 to 14

Tuesday March 26, 2024 10:02 am PDT by
Apple today announced that its 35th annual Worldwide Developers Conference is set to take place from Monday, June 10 to Friday, June 14. As with WWDC events since 2020, WWDC 2024 will be an online event that is open to all developers at no cost. Subscribe to the MacRumors YouTube channel for more videos. WWDC 2024 will include online sessions and labs so that developers can learn about new...
Generic iOS 18 Feature Purple

iOS 18 Will Finally Bring This Android Feature to iPhone

Monday March 25, 2024 6:42 am PDT by
iOS 18 will allow iPhone users to place app icons anywhere on the Home Screen grid, according to sources familiar with development of the software update. This basic feature has long been available on Android smartphones. While app icons will likely remain locked to an invisible grid system on the Home Screen, our sources said that users will be able to arrange icons more freely on iOS 18....
apple maps 3d feature

Apple Maps May Gain Custom Routes With iOS 18

Tuesday March 26, 2024 3:10 pm PDT by
Apple may be planning to add support for "custom routes" in Apple Maps in iOS 18, according to code reviewed by MacRumors. Apple Maps does not currently offer a way to input self-selected routes, with Maps users limited to Apple's pre-selected options, but that may change in iOS 18. Apple has pushed an iOS 18 file to its maps backend labeled "CustomRouteCreation." While not much is revealed...
iphone reasons to upgrade

Apple Outlines 'Reasons to Upgrade' Your iPhone on New Website

Monday March 25, 2024 12:53 pm PDT by
Apple today added a "Why Upgrade" section to its website, which is aimed at encouraging customers with older iPhones to upgrade to a newer model. The website allows customers to compare the iPhone 11, 11 Pro, 11 Pro Max, 12, 12 mini, 12 Pro, and 12 Pro Max to the iPhone 15, iPhone 15 Plus, iPhone 15 Pro, or iPhone 15 Pro Max. Each comparison shows what new features someone with an older...