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Patents The Almighty Buck The Courts Apple

Apple Wins $625.5 Million Ruling Over Cover Flow 113

An anonymous reader writes "A federal judge has reversed a $625.5 million judgement against Apple in a patent infringement lawsuit pertaining to Apple's Cover Flow feature. The lawsuit was filed by Mirror Worlds, a company founded by Yale professor Dave Gelertner. 'Mirror Worlds may have painted an appealing picture for the jury, but it failed to lay a solid foundation sufficient to support important elements it was required to establish under the law,' US District Judge Leonard Davis explained in his decision."
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Apple Wins $625.5 Million Ruling Over Cover Flow

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  • by Hazel Bergeron ( 2015538 ) on Tuesday April 05, 2011 @08:45AM (#35719104) Journal

    What happened here is a Judgment Notwithstanding Verdict[tm], aka JNOV. It's not an appeal and it's not often used. Its reasoning is as follows (no, I'm not putting a cynical bent on it): no reasonable jury could have made that verdict, therefore the jury is unreasonable, therefore its finding is invalid, therefore I shall override its verdict.

    Put another way, the judge probably has a stack of Mac Pros sitting outside his office right now.

  • by Theaetetus ( 590071 ) <theaetetus,slashdot&gmail,com> on Tuesday April 05, 2011 @09:10AM (#35719372) Homepage Journal

    This is bad news for small developers. According to the article, the original patent in question was filed in 1999 and a jury determined that Apple infringed upon it. Then when it was appealed, the judge determined that even though the jury ruled one way, they were wrong. Then he goes on to eliminate the awarded damages, while at the same time stating that original patent was valid.

    So, if the judge agrees with the jury that the original patent was valid and then Apple uses the technology without paying royalties, So, how can a judge find that the original patent is valid (which is also what the jury determined), recognize that Apple used the patented technology (which is also what the jury determined) and then through out the award and close the the case? At a minimum, should it not have been sent back to the lower court to be re-tried?

    As you note, the judge determined the jury was wrong.

    The jury found (i) the patent was valid; (ii) Apple infringed; and (iii) the damages were $625.5M for infringement of the three patents.
    The judge said that (i) was correct, but that (ii) and (iii) were wrong as a matter of law.

    So, the judge and jury agree that the patent is valid, but the judge disagrees that Apple used the patented technology. Finally, as a matter of law, the damages award should have been $208M at most - you don't get to triple your damages by asserting infringement of three patents in a single suit.

    As for sending it back to the lower court, this was the lower court. It can (and since there's at least $208M on the line) and will go to appeal from here.

  • Re:Prior art (Score:5, Informative)

    by Theaetetus ( 590071 ) <theaetetus,slashdot&gmail,com> on Tuesday April 05, 2011 @09:16AM (#35719428) Homepage Journal

    I could of sworn I saw this kind of thing on CD jukeboxes and when flipping through a book. Maybe I was hallucinating.

    Maybe you missed the words "on a computer", which makes it a completely new innovation. "On a phone" and "on a tablet" also make it completely new all over again. I mean, who would've thunk to make something that looks and feels like reality...on a computer/phone/tablet? It's so innovative. [/sarcasm]

    Can you find a single patent that was granted because of the words "on a computer", "on a phone" or "on a tablet"?

    No. You can't. Those words appear in dependent claims, and are there for the purpose of claim differentiation. The independent claim from which they depend doesn't contain those words, and is still patentable, because it has the key innovation.

    The concept of claim differentiation is straightforward - claims can't claim the exact same subject matter... Dependent claims have to be smaller. If the independent claim is a large space on a Venn diagram, each dependent claim is a subset of that space. So, when someone has a dependent claim of "2. The method of claim 1, wherein the transmitting is performed on a computer," all that means is that the original claim 1 may apply to things other than computers.

    Same concept - if claim 1 includes a network, and claim 2 says "wherein the network is the Internet," that just means that the network in claim 1 could be the Internet, or could be a LAN, VPN, or any other type of network.

    That's it. The end. Respectfully, your complaint is out of pure ignorance of how patent law works.

  • by gnasher719 ( 869701 ) on Tuesday April 05, 2011 @09:20AM (#35719470)

    So, how can a judge find that the original patent is valid (which is also what the jury determined), recognize that Apple used the patented technology (which is also what the jury determined) and then through out the award and close the the case? At a minimum, should it not have been sent back to the lower court to be re-tried?

    This all happened in the same court. This isn't an appeal, it is still the same court case.

    Apple claimed that the jury was wrong when it said the patents were valid; the judge looked at it and said that Apple didn't give convincing evidence that the patents were invalid. They came up with 100s of pages of supposed prior art, but they should have explained _why_ the that was actual prior art. So that part of the jury decision stands.

    Apple also claimed that the jury was wrong when it found that Apple was infringing on those patents. So the judge looked at all the evidence, and he found that the evidence, even if all the evidence against Apple was true and all the evidence for Apple was false, didn't show that Apple was actually infringing. Since it didn't show that Apple was infringing, a reasonable jury could never have made the decision that they made. The judge is not supposed to accept such unreasonable jury decisions, so he decided that Apple did not infringe.

    Lastly, not mentioned here, Apple also complained that the damage calculation was wrong, and the judge agreed with that as well. It doesn't matter anymore because Apple doesn't have to pay any damages.

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