Apple found Guilty of Patent Infringement

By Kevin Parrish, published on April 27, 2009 at 4:11 PM
Source: Tom's Guide US | Keywords: , , , | Themes: Digital Entertainment
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On Friday, Apple was found guilty of willfully infringing on a "predictive snooping" patent owned by Opti Inc.

Just days after suffering a thrashing for approving and posting a "baby shaking" application for its iPhone and iPod Touch (which has thus been removed), Apple faced another slap in the face Friday by the US District Court (of the Eastern District of Texas), accused of "willfully" infringing on a patent issued to Opti Inc. back in June 2002. The jurors were asked: "Do you find by clear and convincing evidence that Apple's infringement of claims 73, 74, and 88 of the '291 patent was willful?" The answer was a unanimous "yes."

The patent, "Predictive snooping of cache memory for master-initiated accesses," concerns efficient data transfers among the CPU, memory, and other devices. Opti originally filed a patent infringement lawsuit against Apple in January of 2007. However, according to Apple, its technology is similar to the patent, but not to the point of infringement. During the trial, Apple even took its defense a step further and said that "prior art and obviousness" actually made the Opti patent invalid, asking for a dismissal. The jury didn't buy their case, and thus awarded Opti a "reasonable" reward for damages suffered totaling $19,009,728.

In the bigger picture, $19 million is just a few dollars when compared to the revenue earned in the second quarter of its 2009 fiscal year. According to Apple, the company raked in a whopping $8.16 billion in revenue, and a net quarterly profit of $1.21 billion. The quarterly numbers add up to a higher gross margin than this time last year, up 3.5-percent despite the current economic conditions (meaning I need to cut back on my iPod app addiction -kev). With all that money in the bank, Apple is sure to be the primary focus of smaller companies wanting a slice of the pie. With that said, Apple will probably be back in court again for another patent infringement issue.

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sigma3d 04/27/2009 10:42 PM
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sigma3d 04/27/2009 10:42 PM
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antacid 04/27/2009 10:51 PM
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tenor77 04/27/2009 10:57 PM
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T-Bone 04/27/2009 11:02 PM
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Yeah! I love it when the fruit gets diddled!

dman3k 04/27/2009 11:08 PM
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Doesn't "prior art and obviousness" also apply to Apple's patent of multitouch on small devices?

ProDigit80 04/27/2009 11:21 PM
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Apple's profit is still nothing to USA's 12 trillion national debt :D

eklipz330 04/28/2009 12:24 PM
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ProDigit80 :
Apple's profit is still nothing to USA's 12 trillion national debt



yeah we're fucking screwed if china tries and call us out for what we owe... of course everyone in their right minds know there would be a global catastrophe if something like that happened

computabug 04/28/2009 3:14 AM
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joz 04/28/2009 5:00 AM
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The 728 is the court fees.

Tindytim 04/28/2009 6:46 AM
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computabug :
lol americans are already fucked, china now has an excuse to nuke the shit outa you americans. Ask for money: you pay, alright, now you're poor. You don't pay? We get to nuke the shit outa big B.


Considering how much trade we do with China, nuking us would be pretty stupid for China's well being. Hell, the whole world economy would take a huge dive even further into the shit hole.

ossie 04/28/2009 8:44 AM
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Patentland at it's finest. More revenue is generated by litigation, than by innovation. I already pity all those poor lawyers, which will remain jobless, when the economy will finally collapse.

When the main american export article (USD, beside weapons and profiteering wars) is of no more need, then the police states of america will be really screwed.

@tindytim What "trade"? PSA is almost purely debt economy. When the party nomenclature won't get it's "well being" share anymore, kiss your cheap slave workers goodbye, and say welcome to your deep "shit hole". The world economy will have it's biggest benefit since Bretton Woods, by getting rid of parasites.

Anonymous 04/28/2009 12:40 PM
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superblahman123 04/28/2009 4:15 PM
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Ya know, it's about time Apple took a hit with these patent infringement lawsuits. Microsoft has been getting pounded with these on what seems to an every other week basis.

Do these guys even check the patent offices anymore? They'd save themselves alot of grief if they just hired a small team (about 4-8 people) to check their tech against already existant patents. Then they could make small negociations with the companies rather than getting slapped with a lawsuit

Eccentric909 04/28/2009 6:08 PM
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ossie :
The world economy will have it's biggest benefit since Bretton Woods, by getting rid of parasites.



Is that why the world's economy suffers when the US's economy suffers? Maybe if the world didn't leech as much off the US, then when the US's economy suffers, the world's doesn't?

Although perhaps if the US didn't spend billions and billions per year in foreign aid, then when the times get tough, it's economy wouldn't suffer as bad either?

resonance451 04/28/2009 8:15 PM
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The more the legal process is abused, the more I realize just how worthless it is half the time. I try to be optimistic, but god damn it's hard to believe in the legal system with all these patent issues.

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