One day after winning $532M award, Smartflash hits Apple with fresh patent suit

David Yates Feb. 26, 2015, 1:07pm


The following day after wining a $532,900,000 jury award against Apple, Smartflash filed a fresh a lawsuit against the tech giant for patent infringement.

On Tuesday, Feb. 24, a Texas jury found Apple had infringed on three of the Tyler company’s patents in a case filed May 29, 2013, in the U.S. District Court for Eastern Texas, Tyler Division.

On Wednesday Smartflash filed a second complaint for patent infringement, alleging violations of the same patents the jury found Apple had infringed.

In its original complaint, Smartflash accused Apple of infringing on several patents for data storage and managing access to the data via payment information, including:

– U.S. Patent No. 7,334,720 issued Feb. 26, 2008;

– U.S. Patent No. 7,942,317 issued May 17, 2011;

– U.S. Patent No. 8,033,458 issued Oct. 11, 2011;

– U.S. Patent No. 8,061,598 issued Nov. 22, 2011;

– U.S. Patent No. 8,118,221 issued Feb. 21, 2012; and

– U.S. Patent No. 8,336,772 issued Dec. 25, 2012.

At trial, the jury found Apple’s infringement of the ‘720, ‘221 and ‘772 patents was willful and that the defendant failed to prove the patents were invalid.

The new suit also alleges violations of the ‘720, ‘221 and ‘772 patents, which relate to software used in Apple’s iTunes Store.

“Apple has actual knowledge of the patents-in-suit at least from the filing of Smartflash’s filing original complaint,” the suit states.

“Apple was aware of the patents-in-suit and knew that the others’ actions, if taken, would constitute infringement of those patents at least because a jury has already found that Apple infringes.”

Smartflash is seeking to enjoin Apple from infringing on its patents.

In the event a permanent injunction preventing future acts of infringement is not granted, Smartflash asks it be awarded a compulsory ongoing licensing fee.

Smartflash is represented by Bradley W. Caldwell, Jason D. Cassady, John Austin Curry, Daniel R. Pearson and Hamad M. Hamad of Caldwell Cassady Curry P.C. in Dallas; and T. John Ward and T. John Ward Jr. of Ward & Smith Law Firm in Longview.

Case No. 6:15-cv-00145

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