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

ipad iphone ios 8
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.

Top Rated Comments

gnasher729 Avatar
65 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)
cmaier Avatar
65 months ago

Didn’t Intel settle with WARF over this many years ago? Perhaps @cmaier 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)
cmaier Avatar
65 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)
cmaier Avatar
65 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)
realtuner Avatar
65 months ago
Didn’t Intel settle with WARF over this many years ago? Perhaps @cmaier 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)
cmaier Avatar
65 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)

Popular Stories

Generic iOS 18 Feature Real Mock

iOS 18 Available Today With These 8 New Features For Your iPhone

Sunday September 15, 2024 10:09 am PDT by
Following over three months of beta testing, iOS 18 will finally be widely released to the public this Monday, September 16. The update should be available to install starting at around 10 a.m. Pacific Time (1 p.m. Eastern Time) in the Settings app under General → Software Update on the iPhone XS and newer. Below, we have highlighted eight key new features included in iOS 18, and Apple...
iOS 18 Public Beta Thumb 1

Here's When iOS 18 Rolls Out Today in Every Time Zone

Monday September 16, 2024 3:56 am PDT by
It's that time of year again. Apple is about to release iOS 18, which promises to bring a range of new features and improvements to iPhones worldwide. It's Apple's biggest software update of the year, and the company is expected to release it sometime today – Monday, September 16. Based on past releases, the update is likely to drop at around 10:00 a.m. Pacific Time/1:00 p.m. Eastern...
Beyond iPhone 13 Better Blue Face ID Single Camera Hole

10 Reasons to Wait for Next Year's iPhone 17

Friday September 13, 2024 2:40 am PDT 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 simultaneously, which is why we sometimes get rumored feature leaks so far ahead of launch. The iPhone 17 series is no different – already we have some idea of what to expect from Apple's 2025 smartphone lineup. If you plan to skip...
Generic iOS 18 Feature Real Mock

Apple Shares Full List of Over 250 New Features and Changes Coming With iOS 18

Wednesday September 11, 2024 7:16 am PDT by
Following its iPhone 16 event on Monday, Apple shared a PDF on its website with a list of all new features and changes coming with iOS 18. The list includes many features that were already announced, including Apple Intelligence, new customization options for the Home Screen and Control Center, a redesigned Photos app, several enhancements to the Messages app, a Passwords app, and more....
apple silicon mac lineup wwdc 2022 feature purple

M4 Macs, New iPad Mini, and iPad 11 Expected at Upcoming Apple Event

Sunday September 15, 2024 5:29 am PDT by
Apple will likely hold another event in October this year to announce new Macs and iPads. If so, it would be the fourth time in the last five years that Apple has held an event in October. Last year, Apple held a virtual event on Monday, October 30 to announce new MacBook Pro and iMac models with the M3 series of chips. In his Power On newsletter today, Bloomberg's Mark Gurman reiterated...
16 pro

iPhone 16 Pro Demand Has Been Lower Than Expected, Analyst Says

Sunday September 15, 2024 3:58 pm PDT by
Apple analyst Ming-Chi Kuo today said demand for the iPhone 16 Pro and iPhone 16 Pro Max has been "lower than expected" since the devices became available to pre-order in the U.S. and dozens of other countries on Friday. Kuo said his data is based on a "supply chain survey" and shipping estimates listed on Apple's online store. Kuo estimated that sales of all four iPhone 16 models reached...
iphone 16 pro apple intelligence

iPhone 16 Pro and Pro Max Shipping Estimates Extending Into October

Friday September 13, 2024 5:48 am PDT by
Apple began accepting pre-orders for all four new iPhone 16 models today, and shipping estimates for the iPhone 16 Pro and Pro Max on Apple's online store in the U.S. are already beginning to slip into October for many configurations. As of 6:45 a.m. Pacific Time, the iPhone 16 Pro and Pro Max were facing a 2-4 week shipping delay for some configurations on Apple's online store, with...
iphone 16 pro apple intelligence

Apple Intelligence Features Expected to Roll Out in This Order Between iOS 18.1 and iOS 18.4

Friday September 13, 2024 1:01 pm PDT by
iOS 18 will be released to the public on Monday, but the first Apple Intelligence features will not be available until iOS 18.1 is released in October. Apple Intelligence features will continue to roll out in iOS 18.2 and beyond, with the expected roadmap outlined below per Apple's website and rumors. Apple Intelligence requires an iPhone 15 Pro model or any iPhone 16 model, and it will...