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Apple faces new lawsuit over iPhone concept
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Apple faces new lawsuit over iPhone concept
Apple Insider ^
| 01/23/2008
| By Kasper Jade
Posted on 01/23/2008 11:01:38 PM PST by Swordmaker
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.
TOPICS: Business/Economy; Computers/Internet
KEYWORDS:
The Patent process in the United States is completely broken... it is getting patently absurd. This company basically claims to have "invented" all cell phones that can show videos or play music or connect to the internet or that has GPS.
Mobile entertainment and communication device
Abstract
A mobile entertainment and communication device in a palm-held size housing has a cellular or satellite telephone capable of wireless communication with the Internet and one or more replaceable memory card sockets for receiving a blank memory card for recording data directly from the Internet and, in particular, musical performances that then can be selectively reproduced by the device for the enjoyment of the user, including both audio and visual recordings and reproductions. The device also includes a camera and microphone for recording images and sound within the range of the device that can be wirelessly transmitted, either selectively or automatically to a remote telephone. Further, the device includes sensors for sensing unusual conditions that may also be transmitted to a remote telephone, together with the location of the device as determined by a GPS section of the device.
Inventors: Kim; Ki Il (Los Angeles, CA)Assignee: Minerva Industries, Inc. (Los Angeles, CA) Appl. No.: 10/719,363Filed: November 20, 2003
1
posted on 01/23/2008 11:01:40 PM PST
by Swordmaker
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To: 1234; 50mm; 6SJ7; Abundy; Action-America; af_vet_rr; afnamvet; Alexander Rubin; Amadeo; ...
This is getting patently absurd.. PING!
If you want on or off the Mac Ping List, Freepmail me.
2
posted on 01/23/2008 11:03:14 PM PST
by Swordmaker
(We can fix this, but you're gonna need a butter knife, a roll of duct tape, and a car battery.)
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To: Swordmaker
Minerva Industries, Inc. is the holder of patents on ordinary user-operated cell phones for audio/video and sensor event reporting. We are also the holder of patents on the vehicle seat belt air bag system. For more information about our patents, please refer to our News. Minerva Industries, Inc. has been incorporated under the bylaws of the State of California since 1996. Our Founder and CEO is John Kim. The corporation is based in Los Angeles.
Minerva's Products:
3
posted on 01/23/2008 11:15:47 PM PST
by Swordmaker
(We can fix this, but you're gonna need a butter knife, a roll of duct tape, and a car battery.)
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To: Swordmaker
I would be surprised if this stood up, but it is the court system.
4
posted on 01/23/2008 11:31:36 PM PST
by Richard Kimball
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To: Richard Kimball
This won’t see a judge. It will be settled out of court between Minerva and their targets. Minerva stands to make a lot of money here. And all for the simple fact they did what Apple and the other companies failed to do, patent their ideas. The patent process is broken, ideas should not be able to be patented. Inventions that are completed products should be the only items patented. Copyrights are for ideas and literature.
5
posted on 01/24/2008 4:54:29 AM PST
by phoenix0468
(Let freedom ring.)
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To: Swordmaker
Patent law needs serious reforming.
6
posted on 01/24/2008 5:05:45 AM PST
by Tribune7
(How is inflicting pain and death on an innocent, helpless human being for profit, moral?)
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To: Swordmaker
This is practically the definition of a patent troll. Minerva has no products, only patents. Notice how many people they're suing, that tells me this is obvious technology independently developed by several actual manufacturers, only these guys managed to push through a patent on it. The patents of patent trolls should all be invalidated due to the company's unconstitutional use of them. No, this wouldn't invoke the "takings" clause because patents themselves are a grant, a privilege, part of a pact with the people that's been broken by trolling.Minerva is seeking a permanent injunction enjoining Apple and AtlanticRT from further infringement, That'll never, ever happen, even in our court system. Current jurisprudence says never grant an injunction unless the plaintiff actually has a competing product on the market that's getting hurt by the infringement.
7
posted on 01/24/2008 6:10:41 AM PST
by antiRepublicrat
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To: Swordmaker
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.This sounds like yet another example of a company which is good with crayons and nothing else filing for bogus patents. I'm not sayin' that, if I were Apple, I'd kill all the jokers running it along with their lawyers, then switch all the heads on the bodies, but, well, I'm not sayin' it...
8
posted on 01/24/2008 9:51:37 AM PST
by SunkenCiv
(https://secure.freerepublic.com/donate/__________________Profile updated Wednesday, January 16, 2008)
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To: Swordmaker
Yet another way our country’s innovation will be stifled - when those who cannot innovate, file junk patents and cost legitimate developers millions of dollars just defending their ideas.
I see this somewhat related to cyber squatting - where folks register domain names that are confusingly similar to, or copies of names of companies and celebrities - and then extort those companies or individuals for the domain.
It isn’t right, it isn’t fair, it IS Insane.
And any judge that allows it to continue should be removed from the bench.
But even if Apple wins - it will cost them (and the stockholders). Legalized extortion using the patent office and the courts... not cool.
9
posted on 01/24/2008 11:24:45 AM PST
by TheBattman
(LORD God, please help us to elect a Godly and patriotic man for President in 08, Amen.)
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To: Swordmaker
Where is the specific details necessary to make this a “unique” product or concept?
10
posted on 01/24/2008 11:27:07 AM PST
by TheBattman
(LORD God, please help us to elect a Godly and patriotic man for President in 08, Amen.)
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To: Swordmaker
This reminds me of the guy who supposedly “invented” and holds a patent for the “optical storage disk” that everybody has to pay royalties for. From what i read the patent office lost this application for years but miraculously found it on a shelf somewhere and granted it right before cd’s came out.
11
posted on 01/24/2008 1:05:26 PM PST
by mowowie
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To: phoenix0468
Actually, this patent should never have been awarded, as there’s a lot of prior art. See the Original MessagePad from Apple.
12
posted on 01/24/2008 3:55:01 PM PST
by Spktyr
(Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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