Smartflash LLC


'Smartflash LLC' Articles

Apple Closer to Escaping $533 Million Verdict Won by Smartflash LLC

The 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

Judge Drops Apple's $533M Fine in iTunes-Related Lawsuit, Sets New Damages Trial

The U.S. District Court for the Eastern District of Texas on Tuesday voided $532.9 million in damages awarded to patent licensing firm Smartflash LLC in February in an iTunes-related patent lawsuit, per Reuters. The report claims federal judge Rodney Gilstrap has set a new damages trial on September 14 after ruling that "his jury instructions might have 'skewed' jurors' understanding of the damages that Apple should pay." Apple was initially ordered to pay $532.9 million in damages to Smartflash LLC after a federal jury in the Tyler, Texas courtroom found certain iTunes apps to be infringing upon the company's patents related to digital rights management, data storage and managing access through payment systems. Apple countered that Smartflash LLC was exploiting the patent system to collect royalties.“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 was originally seeking $852 million in damages, and claimed it was entitled to a percentage of sales of Apple products used to access iTunes, such as iPhones, iPads and Macs. Apple argued that $4.5 million was fair at most, claiming it does not infringe upon any of Smartflash LLC's inventions and that its patents are invalid. Apple likely still faces

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

Just 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

Apple Ordered to Pay $532.9 Million in iTunes-Related Patent Lawsuit

A federal jury in Tyler, Texas has ordered Apple to pay $532.9 million to patent licensing firm Smartflash LLC for using its patents without permission, reports Bloomberg. The court found certain iTunes apps to be infringing upon the Texas-based company's patents related to digital rights management, data storage and managing access through payment systems. Apple argues that Smartflash is exploiting the patent system and plans to appeal the decision.“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 was originally seeking $852 million in damages from Apple for infringing three patents, claiming that it was entitled to a percentage of sales of Apple products used to access iTunes, such as iPhones, iPads and Macs. Apple believed that $4.5 million was fair at most, arguing that it was not infringing upon the inventions and that the patents were invalid. Developers Game Circus and KingsIsle Entertainment Inc. were also defendants in the case but were later dismissed from the lawsuit.“Apple doesn’t respect Smartflash’s inventions,” the company’s lawyer, John Ward of Ward & Smith in Longview, Texas, told the jury. “Not a single witness could be bothered with reviewing the patent.”Smartflash has also sued Samsung