Smartflash is filing another lawsuit against Apple Inc. (NASDAQ:AAPL). The Texas-based company just won against Apple for $532.9 million and its going to do it again stating the continued use of its patented technology without permission, as was reported by Reuters.
This second time, Smartflash is suing Apple Inc. (NASDAQ:AAPL) for incorporating patented technologies and using them in devices that were not included in the last lawsuit, those devices are: the iPhone 6, iPhone 6 Plus and the iPad Air 2. The past lawsuit covered patents regarding older devices.
“Smartflash filed the complaint to address products that came out too far into the last proceedings to have been included. Apple cannot claim they don’t know about these patents or understand that they are infringing. A diligent jury has already rejected those arguments,” said Brad Caldwell, Smartflash’s attorney.
The original lawsuit that was filed against Apple Inc. (NASDAQ:AAPL) for using Smartflash’s patents were related to downloading songs, games, and videos in older devices. The Texas-based company claims that such patents were used in Apple’s iTunes without the appropriate permission. Apple Inc. (NASDAQ:AAPL) claimed that the patents are invalid.
“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,” said Apple in a statement.
This past Tuesday, the jury of a Federal Court in Tyler, Texas discovered that Apple Inc. (NASDAQ:AAPL) had deliberately violated Smartflash’s patents that are being used in iTunes. Those patents are related to the access and storing of songs, games and videos. Apple Inc. (NASDAQ:AAPL) tried to avoid facing trial by having the lawsuit thrown down but Judge Rodney Gilstrap, the U.S District judge ruled earlier this month that the technology from Smartflash was not too basic to deserve the patents.
The suit also states that around the year 2000 Patrick Racz, the co-inventor of the patents, met with executives from SIM card maker Gemalto SA, including Augustin Farrugia, who is currently a senior director at Apple Inc. (NASDAQ:AAPL). Smartflash has also filed patent infringement lawsuits against Google Inc (NASDAQ:GOOGL) and Amazon.com, Inc. (NASDAQ:AMZN) over the same patents.
But these two lawsuits are not the first that Apple Inc. (NASDAQ:AAPL) has faced for disregarding patent issues. In 2012, the company was ordered to pay $368 million to VirnetX Inc for patent infringement by the same Tyler Federal Court. Later, a federal appeals court threw out that damages figure, stating that it was wrongly calculated.
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