Texas resident Mark Kilbourne has filed a lawsuit against Apple in Southern Texas for selling the HomeKit-enabled August Smart Lock.

august remotizer
The complaint claims that the August Smart Lock infringes upon his patented Remotizer keyless entry system for existing deadbolt locks. For selling the product, Apple is somehow being solely targeted here rather than August.

Kilbourne allegedly submitted a Remotizer app for iPhone for review around September 2014, but Apple said it was unable to continue with the process because it needed the associated hardware to fully assess the app.

"We began review of the app but are not able to continue because we need the associated hardware to fully assess your app features," read Apple's email response, according to the complaint. It appears Kilbourne never complied.

Both the Remotizer and August Smart Lock are electronic systems for remotely opening and closing a preexisting deadbolt lock without a key. Both products allow homeowners to keep their existing exterior door hardware and replace only the interior side of most standard deadbolts.


August's Smart Lock is compatible with Apple's HomeKit platform for locking and unlocking with Apple's Home app and Siri.

Kilbourne is seeking an award of unspecified damages and legal costs, and he wants Apple to stop selling the August Smart Lock, according to the complaint. The lawsuit is rather humorous given that it should probably be targeted at August Smart Lock, so we'll see how far this one goes before getting tossed out.

Top Rated Comments

stopthenonsense Avatar
105 months ago
"Apple is somehow responsible by association for selling the product"

35 U.S. Code § 271 - Infringement of patent
whoever ('https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=35-USC-1321823708-411717092&term_occur=1&term_src=title:35:part:III:chapter:28:section:271') without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
You have to notify the company selling the product that it infringes on a patent before you outright sue them. No company can possibly be expected to know if a product they are selling is in violation of a patent.
Score: 4 Votes (Like | Disagree)
cmaier Avatar
105 months ago
"Apple is somehow responsible by association for selling the product"

35 U.S. Code § 271 - Infringement of patent
whoever ('https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=35-USC-1321823708-411717092&term_occur=1&term_src=title:35:part:III:chapter:28:section:271') without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
Score: 3 Votes (Like | Disagree)
PoppaKap Avatar
105 months ago
His attorney

Score: 3 Votes (Like | Disagree)
Joe Rossignol Avatar
105 months ago
"Apple is somehow responsible by association for selling the product"

35 U.S. Code § 271 - Infringement of patent
whoever ('https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=35-USC-1321823708-411717092&term_occur=1&term_src=title:35:part:III:chapter:28:section:271') without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
I've changed that to: "For selling the product, Apple is somehow being solely targeted here rather than August."
Score: 3 Votes (Like | Disagree)
cmaier Avatar
105 months ago
I've changed that to: "For selling the product, Apple is somehow being solely targeted here rather than August."
Complaint against august may still be coming, or august may not have sufficient presence in southern district texas to allow it to be sued there.
Score: 2 Votes (Like | Disagree)
cmaier Avatar
105 months ago
You have to notify the company selling the product that it infringes on a patent before you outright sue them.
No, you most certainly do not.
Score: 2 Votes (Like | Disagree)

Popular Stories

Apple Shopping Event 2025

Apple Announces 2025 Black Friday Event, Here's What You Can Get

Thursday November 20, 2025 6:28 am PST by
Apple's annual four-day Black Friday through Cyber Monday shopping event is returning on Friday, November 28 through Monday, December 1 in many countries, including the United States, Canada, Australia, New Zealand, France, Germany, Italy, Spain, the United Kingdom, Belgium, the Netherlands, Sweden, Thailand, and others. During the shopping event, customers can get an Apple gift card with...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Wednesday November 19, 2025 4:00 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
iOS 26

iOS 26.2 Adds These New Features to Your iPhone

Thursday November 20, 2025 10:50 am PST by
iOS 26.2 is currently in beta testing. The upcoming update includes a handful of new features and changes on the iPhone, including a new Liquid Glass slider for the Lock Screen's clock, offline lyrics for Apple Music, and more. In a recent press release, Apple confirmed that iOS 26.2 will be released to all users in December, but it did not provide a specific release date. Keep reading...
hikawa phone grip stand apple%402x

Apple Launches Second Limited-Edition iPhone Accessory in a Month

Friday November 21, 2025 3:53 am PST by
Apple has begun selling the Hikawa Phone Grip and Stand, a new limited-edition iPhone accessory designed with accessibility in mind. Designed by LA-based Bailey Hikawa to celebrate the 40th anniversary of accessibility at Apple, the grip uses magnets to securely snap onto any iPhone with MagSafe. Apple says it can be removed with ease, and doubles as a stand with two different viewing...
ipad mini 7 feature red and blue

iPad Mini 8: Four Major New Features to Expect

Wednesday November 19, 2025 7:50 am PST by
Apple's eighth-generation iPad mini is highly likely to arrive next year, offering a significant refresh of the device with at least four major new features. OLED Display The next-generation version of the iPad mini could feature an OLED display, as part of Apple's plan to expand the display technology across many more of its devices. Apple's first OLED device was the Apple Watch in 2015, ...
applecare apple care banner

Apple Brings New AppleCare+ Options to India

Tuesday November 18, 2025 8:42 am PST by
Apple today announced an expansion of AppleCare+ coverage in India, with new options for monthly and annual plans, and the addition of Theft and Loss for iPhone for the first time. Options for monthly and annual AppleCare+ plans in India provide more choice and flexibility, allowing users to keep coverage for as long as they require. Apple's vice president of Worldwide iPhone Product...
watchos 26 workout app

Apple Watch Users Claim Workout App Is Now Worse in Every Way

Thursday November 20, 2025 7:01 am PST by
Apple Watch owners have been voicing their frustration online over changes to the Workout app that Apple introduced in watchOS 26, with many finding the redesigned interface makes starting exercises difficult and exasperating. When Apple launched watchOS 26 in September, the Workout app went from large, easily tapped workout tiles to a scrolling, corner-button interface. Instead of tapping a ...
ipad black friday 2025

The Best Early Black Friday iPad Deals

Thursday November 20, 2025 10:20 am PST by
Black Friday is just over a week away, and iPad deals have finally started to flood in at retailers like Amazon and Best Buy. Below we're tracking discounts on every current generation iPad, including lowest-ever prices on M3 iPad Air and M5 iPad Pro, plus steep markdowns on iPad and iPad mini. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a ...
apple wallet drivers license feature iPhone 15 pro

Two More U.S. States Commit to Offering iPhone Driver's Licenses in Apple Wallet App

Thursday November 20, 2025 8:21 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Apple Wallet app on the iPhone and Apple Watch, and then use it to display proof of identity or age at select airports and businesses, and in select apps. Earlier this week, Illinois became the 13th state in the U.S. to offer the feature. Subsequently, we shared a list of additional states that are committed...
android iphone airdrop quickshare

iPhone Users Can Now AirDrop Files to Android Devices

Thursday November 20, 2025 9:47 am PST by
Google today announced a new cross-platform feature that allows for file sharing between iPhone and Android users. With AirDrop on the iPhone and QuickShare on Pixel 10 devices, there is a new file transfer function available. The file sharing option works on Apple devices that include iPhone, iPad, and Mac, along with the Pixel 10, Pixel 10 Pro, Pixel 10 Pro XL, and Pixel 10 Fold....