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Apple Faces Yet Another Patent Lawsuit in East Texas Over LTE Standards

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Last week, we reported on Apple's plans to close its retail stores in the Eastern District of Texas in April in an effort to avoid patent infringement lawsuits in the jurisdiction, perceived by many as being "patent troll friendly."

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Ahead of the closures, Apple faces yet more patent litigation in the district. A group of limited liability companies under the Optis Wireless Technology, LLC umbrella filed suit against Apple on Monday in East Texas, accusing the company of infringing on a portfolio of seven patents related to LTE standards.

Optis Wireless and the other plaintiffs named in the complaint appear to be non-practicing entities that aim to generate revenue through patent litigation. These type of companies are commonly referred to as patent trolls.

The complaint, seen by MacRumors, alleges that all LTE-enabled Apple products, including various iPhone, iPad, and Apple Watch models, infringe on the LTE patents. Optis Wireless and the other plaintiffs acquired many of the patents from Ericsson, Samsung, LG, and Panasonic — read the full complaint [PDF] for the exact patents.

The plaintiffs state that, not later than January 6, 2017, they sent Apple correspondence in an effort to license their essential patents to Apple on FRAND terms. The plaintiffs also allege meeting with Apple representatives on numerous occasions, but the parties did not reach a licensing agreement.

The plaintiffs are seeking "recovery of damages at least in the form of reasonable royalties" and have demanded a jury trial.

Last August, in the same court, a jury decided that Huawei willfully infringed many of the same LTE patents being asserted against Apple. The Chinese smartphone maker was ordered to pay $10.6 million in damages.

Top Rated Comments

Joe Rossignol Avatar
101 months ago
Please. This is total BS. Apple was planning to close those stores anyway due to any number of financial reasons, and they just decided to use the EDTX thing to distract people from the negativity of store closings or to score a few political points. There were only 7 cases filed against Apple in EDTX in 2018 - for a company as big as Apple that's nothing. Compare to 17 cases in WDTX and 23 cases in NDCal. EDTX is not a legally significant problem for Apple.
Apple Willow Bend was fully renovated just 2.5 years ago. And it’s in an affluent North Dallas suburb. Why would it close suddenly?
Score: 13 Votes (Like | Disagree)
101 months ago
Oh, just tell the courts we aren’t implementing LTE standards, we actually implemented 5G E standards.
Score: 12 Votes (Like | Disagree)
101 months ago
Please. This is total BS. Apple was planning to close those stores anyway due to any number of financial reasons, and they just decided to use the EDTX thing to distract people from the negativity of store closings or to score a few political points. There were only 7 cases filed against Apple in EDTX in 2018 - for a company as big as Apple that's nothing. Compare to 17 cases in WDTX and 23 cases in NDCal. EDTX is not a legally significant problem for Apple.
407 million on just one case is significant for even Apple. It is why they are closing them. I’ve never seen them completely move out of an area that populated. It’s a very smart move on their part. They announced this less than a week after preemptively filing in a California court to clarify that they are not infringing on a troll’s patents. 4 days later the Troll filed in East Texas. This is a new aggressive strategy by Apple and a smart one. If trolls want to come at them do it on their turf. Part of the reason trolls argue to fight there was the number of tech cases heard there. A supposed experience level. Well, That dies now, because East Texas will not meet the standard of actively doing business there. That means they will have to go to the next Jurisdiction with experience. California or New York. Neither is troll friendly. Even Dallas proper is troll resistant. Can’t happen fast enough.
Score: 6 Votes (Like | Disagree)
kdarling Avatar
101 months ago
If you aren’t using the patent for, you know, an actual competing product to benefit consumers, then you shouldn’t be able to sue.
Impossible.

There's no way that every patent holder could possibly have their own product. Smartphones especially are not something simple with a single patent. They utilize tens of thousands of patented items.

Consider if you invented a way to speed up comms. Do you really think that you must go develop and sell your own smartphone to keep your patent? Of course not!

If you're licensing a patent to companies making products, then it IS being used.
[doublepost=1551242995][/doublepost]
Apple's excuse just doesn't pass muster.
Note that Apple itself never said it closed the stores due to EDTX lawsuits.

That was something that internet speculators came up with on their own.

Apple simply said it was consolidating its Dallas stores.
Score: 4 Votes (Like | Disagree)
101 months ago
If you aren’t using the patent for, you know, an actual competing product to benefit consumers, then you shouldn’t be able to sue.
Score: 4 Votes (Like | Disagree)
RicD Avatar
101 months ago
Apple stealing again.
“Apple stealing again”, hum what is “again” that Apple stole, will you describe what an “again” is that Apple stole? Or do you mean “Apple, again stealing”.

No, Apple did not steal anything. Building anything electronic it is almost impossible unwittingly not to step on or miss some type of patent. Even with extreme due diligence patents could be missed. Also, just because a troll holds a company for ransome does not mean said company should rollover and pay nor that the suing company is in the right. Our patent system is broken.
Score: 1 Votes (Like | Disagree)

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