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Fresh off a $532.9 million jury win against Apple Inc, a Texas company is again suing the tech giant, this time over the same patents' use in devices introduced after the original case was underway.
Smartflash LLC aims to make Apple pay for using the patent licensing firm's technology without permission in devices not be included in the previous case, such as the iPhone 6 and 6 Plus and the iPad Air 2. The trial covered older Apple devices.
On Tuesday, a jury in federal court in Tyler, Texas found that Apple willfully violated three Smartflash patents with devices that use its iTunes software. The patents relate to accessing and storing downloaded songs, videos and games.
The new complaint was filed on Wednesday night in the same court in Tyler, where Smartflash is also based and which over the past decade has become a focus for patent litigation. Smartflash licenses its patents but does not make products itself.
"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."
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(These latest Intellectual Property (IP) news and events presented here, are prepared and compiled by us, the World Patent & Trademark Law Office (WPTO),for your reference and information)