U.S. Supreme Court Declines to Hear University of Wisconsin's Appeal in Patent Lawsuit Against Apple

by

The U.S. Supreme Court today declined to hear the University of Wisconsin's appeal in its patent fight with Apple, according to Reuters.


In July 2017, a U.S. district court ordered Apple to pay $506 million to the University of Wisconsin's Alumni Research Foundation for infringing on a patent related to computer processing technology with its A7, A8, and A8X chips.

In September 2018, however, the U.S. Federal Circuit Court of Appeals threw out the damages that Apple had been ordered to pay, ruling that no reasonable juror could have been able to find infringement based on the evidence that was presented in the liability phase of the original 2015 trial.

The decision comes on the first day of the U.S. Supreme Court's 2019 term.

Tag: lawsuit

Top Rated Comments

(View all)
Avatar
9 months ago
Just repeating from the previous round: Apple did something that is reasonably _similar_ to what the university had patented, but _not the same_. Definitely not the same. Not even sometimes the same. And since it's not the same, Apple never infringed on the university's patent, and therefore doesn't have to pay damages. Doing something that is similar to a patented invention is absolutely fine.
Score: 10 Votes (Like | Disagree)
Avatar
9 months ago


Didn’t Intel settle with WARF over this many years ago? Perhaps [USER=118078]@cmaier[/USER] could chime in on this?

Did they settle because it was easier/cheaper or did they settle because they felt they infringed and would likely lose in court?

Has WARF ever gone after ARM, Samsung or Qualcomm over these patents? If not, why go after Apples ARM compatible processors and not others? I have an idea...

WARF sued Intel and they settled.

Looking at the claims ,which are directed at load/store scheduling, seems to me possible that some ARM chips could infringe and others not. Seems like the scheduling microarchitecture isn't automatically determined by the instruction set architecture - you can do it lots of ways, or none at all. I have no idea what's in ARM's own reference designs though.

The issue is that Apple uses a hashing algorithm for memory load prediction where each entry is a load tag and a prediction. Each tag is a hash of the instruction address. Since it's a hash, the same tag can apply to many different instructions.

There is some claim language in the patent that the courts say require the tag to correspond to a "particular instruction." The courts say that since the tag could correspond to multiple instructions, it doesn't correspond to the "particular" instruction, and hence no infringement. Or something like that - I read the patent very quickly, so I could be missing something.
Score: 4 Votes (Like | Disagree)
Avatar
9 months ago


Setting the facts of the present case aside, the CAFC does this way too often, and it really bothers me. Whether or not there is infringement and how much is owed are facts, not legal questions, and in jury trials decisions of fact should be left to the jury unless there is some clearly inexplicable injustice occurring. But the CAFC has a pattern of overruling the jury at a much higher rate than is reasonable. It indicates they are perhaps making outcome-driven decisions, rather than fair rulings. There are countless legal articles using pretty inflammatory language about the CAFC, such as accusing the CAFC of being anti-jury or verdict killers.

Um, no.
Score: 3 Votes (Like | Disagree)
Avatar
9 months ago


Just repeating from the previous round: Apple did something that is reasonably _similar_ to what the university had patented, but _not the same_. Definitely not the same. Not even sometimes the same. And since it's not the same, Apple never infringed on the university's patent, and therefore doesn't have to pay damages. Doing something that is similar to a patented invention is absolutely fine.

Except for the Doctrine of Equivalents.
But yes.


Just goes to show that court judges are just people who can have different opinions

How does it show that? All the judges had the same opinion. They disagreed with the jury.
Score: 2 Votes (Like | Disagree)
Avatar
9 months ago
Didn’t Intel settle with WARF over this many years ago? Perhaps [USER=118078]@cmaier[/USER] could chime in on this?

Did they settle because it was easier/cheaper or did they settle because they felt they infringed and would likely lose in court?

Has WARF ever gone after ARM, Samsung or Qualcomm over these patents? If not, why go after Apples ARM compatible processors and not others? I have an idea...
Score: 1 Votes (Like | Disagree)
Avatar
9 months ago
I suppose I should be less flippant.

Obviously there are facts underpinning any finding of infringement, but whether or not a patent is infringed is a mixed question of law and fact. For example, what the words in the patent claim mean is a question of law, not of fact, and can only be determined by a judge. If a judge says “particular” means “the one” and a jury decides that “the ten” are the same as “particular,” it’s a good idea for a judge to say “nope.”

The CAFC serves a very important purpose of bringing some degree of uniformity to how the patent laws are interpreted. Otherwise, each judge could do things differently, and people would go around forum shopping to get the judge/court they want.

And, in this case, the supreme court seems to have agreed with the CAFC, at least to the extent they didn’t think the CAFC got anything so fundamentally wrong that required the Supreme Court to get involved.
Score: 1 Votes (Like | Disagree)

Top Stories

Apple Releases macOS Catalina 10.15.5 With Battery Health Management Features, Fix for Finder Freezing

Tuesday May 26, 2020 1:59 pm PDT by
Apple today released macOS Catalina 10.15.5, the fifth update to the macOS Catalina operating system that was released in October 2019. macOS Catalina 10.15.5 comes two months after the launch of macOS Catalina 10.15.4, which introduced Screen Time Communication Limits. macOS Catalina 10.15.5 is a free update that can be downloaded from the Mac App Store using the Update feature in the...

Leaker Shares Details on 'iPhone 13' Camera [Updated]

Wednesday May 27, 2020 4:27 pm PDT by
The next-generation iPhone 12 lineup coming in fall 2020 isn't out yet, but Fudge (@choco_bit), a leaker who sometimes shares information on upcoming Apple devices, today offered up details on what Apple has in store for the 2021 iPhone 13's camera setup. A simple design drawing depicts a device with a four camera array, which Fudge claims will have the following features: 64-megapixel...

Leaker: Apple to Stick With Lightning Over USB-C for 'iPhone 12' Before Going Port-Less Next Year

Tuesday May 26, 2020 2:31 am PDT by
Apple will use a Lightning port instead of USB-C in the upcoming "iPhone 12," but it will be the last major series of Apple's flagship phones to do so, with models set to combine wireless charging and a port-less Smart Connector system for data transfer and syncing in the iPhone "13 series" next year. The above claim comes from occasional Apple leaker and Twitter user "Fudge" (@choco_bit),...

16-Inch MacBook Pro, iPad Pro, and iMac Pro With Mini-LED Displays Again Rumored to Launch in 2021

Tuesday May 26, 2020 5:30 am PDT by
Apple plans to release several higher-end devices with Mini-LED displays in 2021, including a new 12.9-inch iPad Pro in the first quarter, a new 16-inch MacBook Pro in the second quarter, and a new 27-inch iMac in the second half of the year, according to Jeff Pu, an analyst at Chinese research firm GF Securities. This timeframe lines up with one shared by analyst Ming-Chi Kuo, who recently...

Apple Begins Selling Refurbished iPhone XR Models

Thursday May 28, 2020 9:50 pm PDT by
Apple today began selling certified refurbished iPhone XR models in select colors and capacities for the first time in the United States. Refurbished iPhone XR models are priced at a roughly 16 percent discount compared to current pricing on brand-new units, knocking $100–120 off of the regular price. In addition to the 64GB and 128GB capacities matching current brand-new iPhone XR models, ...

Apple Making It Harder to Avoid Nagging macOS Update Notifications

Thursday May 28, 2020 8:13 am PDT by
With the release of macOS Catalina 10.15.5 and related security updates for macOS Mojave and High Sierra earlier this week, Apple is making it more difficult for users to ignore available software updates and remain on their current operating system versions. Included in the release notes for macOS Catalina 10.15.5 is the following:- Major new releases of macOS are no longer hidden when...

HBO Max Now Available on Apple TV and iOS Devices

Wednesday May 27, 2020 2:42 am PDT by
HBO Max launched today, and is now available on Apple TV, iPhone, and iPad. WarnerMedia's new streaming service, which replaces HBO Now, combines HBO content with shows and films from Warner Bros and Turner TV. The service is available as a native app on the ‌Apple TV‌ HD and ‌Apple TV‌ 4K, but second and third-generation ‌Apple TV‌ owners will need to AirPlay HBO Max content...

Powerbeats Pro Debut in Four New Colors: Spring Yellow, Cloud Pink, Lava Red, and Glacier Blue

Friday May 29, 2020 10:00 am PDT by
Following a couple of leaks in recent weeks, Beats today is officially announcing four new colors for its Powerbeats Pro wireless earphones: Spring Yellow, Cloud Pink, Lava Red, and Glacier Blue. The new earphones will go on sale June 9 and sell for the same $249.95 price as the existing color options. Aside from the colors, the new Powerbeats Pro models are otherwise identical to the...

Anker Launches $100 24K Gold-Plated USB-C to Lightning Cable

Wednesday May 27, 2020 12:47 pm PDT by
Anker, a brand normally known for its well-made, affordable accessories for Apple devices, has debuted a new $100 24K gold-plated USB-C to Lightning cable. According to Anker, the cable, which is in the PowerLine+ III family, features a "Special Edition Gold Design" that's "bold yet elegant" with the aforementioned gold-plated cable heads and matching braided gold and black cable. The...

More Photos and Video of Apple's Redesigned Leather Loop Watch Band Surface

Thursday May 28, 2020 10:50 am PDT by
Images of a new version of the Leather Loop that Apple appears to have in development surfaced yesterday, and today, Vietnamese site Tinhte.vn has shared additional photos and videos that give us a clearer picture of what to expect from the new band. The bands come in colors that include red, hot pink, blue, black, and brown, with some of the bands featuring different colored accents at the...