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Apple Devices Infringe 13 Flash Memory Patents, Suit Says
Law360, Los Angeles (September 23, 2014, 8:00 PM ET) -- Longitude Licensing Ltd., a company that owns and manages semiconductor patent portfolios, on Monday suedApple Inc. in California federal court alleging its iPads, iPhones and iPods are infringing 13 patents related to flash memory technology.
The Ireland-based plaintiff claims Apple infringes the patents and induces or contributes to infringement by selling products using flash memory in the U.S.
Longitude claims its Luxembourg-based affiliate Longitude Flash Memory Systems S.a.r.l. acquired the 13 patents as part of a portfolio from SanDisk Corp.
“Apple’s acts of infringement have caused damage to Longitude, and Longitude is entitled to recover from Apple the damages sustained by Longitude as a result,” says the suit, which seeks unspecified damages.
The allegations echo similar claims that San Diego-based e.Digital Corp. made in anApril 2013 suit accusing Apple's iPod, iPhone, iPad and MacBook of infringing three patents relating to flash memory for handheld recording devices. In mid-December, a California federal judge dismissed that suit's claims and counterclaims after the parties reached a settlement, the terms of which have not been disclosed.
In the instant suit, Longitude says it partners with patent owners to manage and license patent portfolios. Longitude says it and its affiliates' portfolios have more than 6,500 semiconductor and storage patents and patent applications.
In addition to damages, the complaint requests a judgment that Apple has infringed the patents and a mandatory future royalty payable on each infringing Apple product sold in the future and on all future products that are not colorably different from products found to infringe.
Plaintiffs also want a judge to permanently enjoin Apple from further infringement of the patents and to award them litigation costs and further relief.
An attorney for the plaintiffs declined additional comment Tuesday. Representatives for Apple didn't immediately respond to requests for comment.
The patents-in-suit are U.S. Patent Nos. 6,763,424; 7,970,987; 8,316,177; 6,968,421;7,657,702; 7,818,490; 7,012,835; 7,224,607; 8,050,095; 6,510,488; 7,181,611;6,831,865; and 7,120,729.
The plaintiffs are represented by Henry C. Bunsow, John D. Beynon and Craig Allison of Bunsow De Mory Smith & Allison LLP.
Counsel information for Apple wasn't immediately available Tuesday.
The case is Longitude Licensing Ltd. et al. v. Apple Inc., case number 3:14-cv-04275, in the U.S. District Court for the Northern District of California.
--Additional reporting by Stephanie Russell-Kraft. Editing by Brian Baresch.
The Ireland-based plaintiff claims Apple infringes the patents and induces or contributes to infringement by selling products using flash memory in the U.S.
Longitude claims its Luxembourg-based affiliate Longitude Flash Memory Systems S.a.r.l. acquired the 13 patents as part of a portfolio from SanDisk Corp.
“Apple’s acts of infringement have caused damage to Longitude, and Longitude is entitled to recover from Apple the damages sustained by Longitude as a result,” says the suit, which seeks unspecified damages.
The allegations echo similar claims that San Diego-based e.Digital Corp. made in anApril 2013 suit accusing Apple's iPod, iPhone, iPad and MacBook of infringing three patents relating to flash memory for handheld recording devices. In mid-December, a California federal judge dismissed that suit's claims and counterclaims after the parties reached a settlement, the terms of which have not been disclosed.
In the instant suit, Longitude says it partners with patent owners to manage and license patent portfolios. Longitude says it and its affiliates' portfolios have more than 6,500 semiconductor and storage patents and patent applications.
In addition to damages, the complaint requests a judgment that Apple has infringed the patents and a mandatory future royalty payable on each infringing Apple product sold in the future and on all future products that are not colorably different from products found to infringe.
Plaintiffs also want a judge to permanently enjoin Apple from further infringement of the patents and to award them litigation costs and further relief.
An attorney for the plaintiffs declined additional comment Tuesday. Representatives for Apple didn't immediately respond to requests for comment.
The patents-in-suit are U.S. Patent Nos. 6,763,424; 7,970,987; 8,316,177; 6,968,421;7,657,702; 7,818,490; 7,012,835; 7,224,607; 8,050,095; 6,510,488; 7,181,611;6,831,865; and 7,120,729.
The plaintiffs are represented by Henry C. Bunsow, John D. Beynon and Craig Allison of Bunsow De Mory Smith & Allison LLP.
Counsel information for Apple wasn't immediately available Tuesday.
The case is Longitude Licensing Ltd. et al. v. Apple Inc., case number 3:14-cv-04275, in the U.S. District Court for the Northern District of California.
--Additional reporting by Stephanie Russell-Kraft. Editing by Brian Baresch.
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