$bbtitle
Apple Stock: 194.34 ( +0.3099 )
RSS RSS Twitter Twitter
Search:
AppleInsider.com Archives News Bytes Reviews Anonymous Mailer Submit Story AppleInsider Forums Mac Prices Polls Advertise on AppleInsider Contact AppleInsider
Save up to $280 on new MacBook Pros and up to $150 on brand new iMacs with special coupons: Mac Pricing Guide updated Nov 6th (Find the best prices on Macs).
Wednesday, January 23, 2008

Apple faces new lawsuit over iPhone concept

By Kasper Jade

Published: 01:00 PM EST

A little-known California company is suing Apple Inc. and satellite phone company Atlantic RT, Inc. for patent infringement after having just recently beat both firms to a new patent covering mobile entertainment and communications devices.

Los Angeles-based Minerva Industries, Inc. filed the patent infringement lawsuit in the Eastern District of Texas on Tuesday, just hours after having been granted United States Patent No. 7,321,783 entitled "Mobile Entertainment and Communication Device."

The 6-page formal complaint alleges that representatives from Minerva informed Apple of their pending application with the United States Patent and Trademark Office covering iPhone concepts back in November, but that Apple "waited until approximately one week before the patent was to issue before sending prior art" in an attempt to trump the filing with one of its own.

After subsequently examining both claims, however, the patent office definitively ruled in Minerva's favor, determining the claims within its application were patentable over Apple's prior art and all other art that had been submitted to the office.

"On information and belief, Apple monitored the progress of [Minerva's Application during the continued reexamination, and became aware on or about November 20, 2007 that the Patent Office rejected its contention that the Apple Prior Art rendered the claims of [Minerva's] Application invalid and had issued a notice of allowance," Minerva's attorneys at Russ August & Kabat wrote in the suit.

"As a result of these Defendants’ infringement of the ‘783 Patent, Minerva has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Defendants’ infringing activities are enjoined by this Court."

Similarly, the complaint claims, Atlantic is also liable of infringement of the '783 Patent "by, among other things, making, using, offering to sell, or selling mobile entertainment and communication devices covered by one or more claims of the ‘783 Patent, including without limitation the Thuraya SG-2520."

Minerva is seeking a permanent injunction enjoining Apple and AtlanticRT from further infringement, a judgment and order requiring both firms to pay damages, attorneys’ fees, as well as an award of enhanced damages due to the pair's "deliberate and willful" conduct.

Minerva on Tuesday also filed two additional suits of similar nature. One targets Research In Motion and Cricket Communications, while the other names 29 defendants, including AT&T Mobility, LG, Palm, Motorola, Nokia, Alltel, Dobson Cellular, Helio, HP, MetroPCS Wireless, Sprint Spectrum, Nextel, T-Mobile USA, Tracfone Wireless, Cellco Partnership, Virgin Mobile, HTC, Kyocera Wireless, Pantech Wireless, Sanyo, Sony Ericsson, and Samsung.

Filed under : General 48 Comments ] 
Story topics: lawsuits   Print ] [ Story Link ] 


Pre-Order VMware Fusion 3
RSS
RSS
RSS
Mac Poker players can play Full Tilt Poker for Mac and get 100% to $600 free with bonus code MP600, courtesy of Online Poker Mac
AppleInsider Features
Hot Forum Topics

Recent Articles
Doom game creator suggests Apple embarrassed about iPhone gaming
Report: Apple to launch Verizon iPhone in Q3 2010
Apple unveils holiday shopping in-store pickup option
Apple's Broadway store to open Saturday, Nov. 14
Bizarre lawsuits connect Apple with Sarah Jessica Parker, Lil' Wayne
Apple predicted to countersue in legal battle with Nokia
Windows 7 tops Vista software sales, lags behind in hardware
Report: Apple testing RFID swipe support in iPhone prototypes
Inside Google's Android and Apple's iPhone OS as core platforms
Apple looks to hire new iPhone OS security manager
Apple investigating 'Grab & Go' simplified cross-platform sync
Apple co-founder Steve Jobs named Fortune 'CEO of the Decade'
Review roundup: Motorola Droid, Verizon's first Android handset
Apple's latest 10.6.2 beta packs fixes for VMWare, iMacs, Apple TV
Latest Snow Leopard build resurrects Atom compatibility
Bell, Telus provide new iPhone competition in Canada
'Art project' video game attacks Apple Mac machines
Hacker cracks Apple's latest iPhone 3GS security measures
The Beatles go digital with apples, but still not Apple's iTunes
Apple announces App Store offerings top 100,000
Apple launches iTunes Music Movies with exclusive content
Parallels Desktop 5 for Mac claims speed superiority
AT&T brings lawsuit against Verizon over 'Map' ad campaign
Canalys Q3 2009: iPhone, RIM taking over smartphone market
Hit-or-miss site claims 4G iPhone part; French exclusivity ends
Despite disappointing China debut, iPhone's 2010 predicted to be strong
Philadelphia's first Apple store moves closer to reality
Exclusive look at Apple's new iPod touch-based EasyPay checkout
China Unicom gains 5,000 iPhone subscribers from launch
iPhone makes enterprise market inroads for Apple
Apple pitches $30-a-month iTunes TV subscriptions - report
Apple's iPhone sees tepid sales debut in China
Apple's 2010 capital expenditures could signal major investments
Apple rumored to disable Atom support with Mac OS X 10.6.2
Apple advertising guru says he's 'not going anywhere'
First Look: Apple's 27" big screen iMac
Last chance this year to save an extra 3% on iMacs, white MacBooks
Visionary behind Apple's '1984' advertisement steps down
Flash playback issues reported on Apple's new 27-inch iMacs
Apple expands school initiative with Atlanta MacBook program

AppleInsider Market Place

Sell your Laptop - working or not. Free shipping.: Get an instant online quote and sell your laptop today !

Believe in Office: Save Up To 25% on Office 2004 For Mac. Visit Our Site for Details!

IBackup - SMB Online Backup: IBackup is the preferred online storage and backup service of choice for SMBs for its ease of use, security and value. Offers automated backup and restore, file selection and securiy.

Download free software - everyday updated freeware files

 
Advertisements








AppleInsider RSS Feed
AppleInsider © 1997-2008
Please review our Privacy Policy.
Written/Edited/Compiled by the AppleInsider Staff.