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'Corporate Troll' Wins $3 Million Verdict Against Apple For Ring-Silencing Patent (arstechnica.com) 84

An anonymous reader quotes a report from Ars Technica: A non-practicing entity called MobileMedia Ideas LLC won a patent lawsuit against Apple today, with a Delaware federal jury finding that Apple should pay $3 million for infringing MobileMedia's patent RE39,231, which relates to ring-silencing features on mobile phones. MobileMedia is an unusual example of the kind of pure patent-licensing entity often derided as a "patent troll." It is majority-owned by MPEG-LA, a patent pool that licenses common digital video technologies like H-264, MPEG-2, and MPEG-4. Minority stakes in MobileMedia are owned by Sony and Nokia, which both contributed the patents owned by the company. MobileMedia also has the same CEO as MPEG-LA, Larry Horn. The battle ended up being a long one, as MobileMedia first filed the case in 2010. It went to trial in 2012, and the jury found that Apple infringed three patents. After reviewing post-trial motions, the judge knocked out some, but not all, of the infringed patent claims. Then came an appeal in which a panel of Federal Circuit judges upheld (PDF) some of the lower court's judges and overturned others. A $3 million verdict is hardly going to make an impact on Apple, and it doesn't represent a huge win for MobileMedia, which was reportedly seeking $18 million in royalties from the trial. Still, getting a verdict in its favor does represent some validation of MobileMedia's business model, which was a striking example of technology corporations using the "patent troll" business model as a kind of proxy war. Nokia and Sony were able to use MobileMedia and the licensing talent at MPEG-LA to wage a patent attack on Apple without engaging directly in court. In all, after years of back-and-forth, the ring-silencing patent was the one that MobileMedia had left. While Apple didn't win the case against one of the first "corporate trolls," it was able to severely pare down the scale of the attack and show that it's willing to fight a long legal war of attrition to make its point.
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'Corporate Troll' Wins $3 Million Verdict Against Apple For Ring-Silencing Patent

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  • by Anonymous Coward

    for this article, only troll comments are on topic.

  • by XxtraLarGe ( 551297 ) on Wednesday September 21, 2016 @02:51PM (#52933587) Journal
    Wait, this didn't happen in Texas?!?
    • by Anonymous Coward

      Delaware has no or low taxes for most business stuff so many companies cook the books so they can use Delaware to do whatever bullshit they're trying to do to avoid paying taxes. Therefore it's not uncommon to see legal cases pop up there.

    • by locotx ( 559059 )
      Wow, I too thought it was the Texas patent-troll company !
  • In the End (Score:4, Informative)

    by lbmouse ( 473316 ) on Wednesday September 21, 2016 @03:01PM (#52933651) Homepage
    The only winners of a patent troll proxy war will be the lawyers.
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      Even the lawyers didn't win much off of this one. Three million dollars for six years worth of work? Split between how many people?

      • Even the lawyers didn't win much off of this one. Three million dollars for six years worth of work? Split between how many people?

        Six years of constant salary, fees, etc. and then a bonus at the end... Or do you believe in the Hollywood version where lawyers work on contingency just for the payout at the end?

  • by Anonymous Coward

    Apple is also a licensor in MPEGLA, so I guess it gets a cut...?

  • In a communication terminal equipment and in a method of controlling call incoming, unnecessary noises in a period from the start of an alert sound to carrying out of the next operation can be reduced. When a predetermined operation is effected under the condition that an alert sound is ringing, the alert sound is stopped or the volume of the alert sound is reduced at least over a duration of call incoming.

    Mute or reduce the volume of an alert while talking to someone on the phone?

    Seriously?

    • by cdrudge ( 68377 )

      Actually, it's not when you're talking on the phone. It's muting or reducing the volume of the ringer for an incoming call, but performing a predetermined operation (aka pushing a button) just silences/reduces it. Performing said action does not affect the incoming call so the caller does not have the "unpleasant feeling" of being ignored, sent to voice mail, etc.

      If an implementation silenced a call and immediately sent it to voice mail, then that would not be a violation of at least this patent (although t

    • by hey! ( 33014 )

      According to the a Bell System technical bulletin dated September 4, 1978 the volume wheel on the C4A ringer can be adjusted, if the subscriber requests, to provide full cut-off. The C4A ringer is the same ringer used in Bell System subscriber phones since the 50s.

      Google "ringers c type maintenance 501-250-303".

      • by kamakazi ( 74641 )

        I agree, that is why this patent is different. The ringer adjuster (which actually just adjusts the distance from the solenoid clapper to the bell) is for all incoming rings. The patent in question here silences the ring for a single call, and you don't have to remember to turn it back up if you want to hear the next ring.

        I grew up with mechanical phones, I remember the annoyance of missed calls because the ringer was accidentally left silenced.

        It is a little tedious to read the ESL the patent is written

        • So you remembered being annoyed. You most probably also thought "wouldn't it be nice if it could reset it self automatically". That makes the concept obvious. So obvious that even some not skilled in the arts could think of it. Now how you achieve that may or not be obvious.

          There is also the "will it being me enough extra sales" to be worth spending time you figure out how to do it.

          It's much like how I shouldn't have to set the time on the gps to the local time. We have timezone databases. We have maps

  • For all the other suits filed, e.g. against Samsung?
  • And now the Appeal's start. Should be good for another 8 to 10 years.
    • by cdrudge ( 68377 )

      Initial appeals had already started and finished. It stated as much in the summary and even linked to the Appeals Court judgement.

  • by Hognoxious ( 631665 ) on Wednesday September 21, 2016 @03:22PM (#52933775) Homepage Journal

    FRRRRRRRP! That's the noise my ring makes. Silence that, you asshats!

    • by mjwx ( 966435 )

      FRRRRRRRP! That's the noise my ring makes. Silence that, you asshats!

      Mr Hognoxious,

      I am hereby ordered to inform you that by the court of East Texas that your ring is in violation of patent number 2438938342 which is owned by our client, as such we are to, immediately and without condition, forcefully install this cork. Attempts to remove the cork will be met by severe fines or imprisonment.

      Sincerley

      A Hats,
      Senior partner,
      A, S and S Hats, attorneys at law.

  • by mi ( 197448 ) <slashdot-2017q4@virtual-estates.net> on Wednesday September 21, 2016 @03:25PM (#52933787) Homepage Journal

    We've been at each other's throats over these topics over the years. I'm going to try it one more time without injuring anyone with a dialogue. Well, not really a dialogue, because my opponent shall be imaginary. But I don't expect too many people to disagree with him:

    Are ideas — pure ideas — valuable? That is, if you've thought of something interesting, are you a richer person, than you were right before that?
    Yes, they are valuable.
    Who is the owner of that value?
    Whoever thought of it!
    What if multiple people have thought of the same thing?
    Well, if it is so obvious, maybe, it really has no special value.
    Indeed, so let's stick to the non-obvious ideas.
    If multiple people think of the same non-obvious idea, I guess, it should belong to whichever one of them thought of it first.
    How would we know, which one them did?
    They will register their idea.
    Ok, once the ownership of the idea is established, what can be done with it?
    Something cool should be made based on it.
    By who?
    By the owner...
    But he is an inventor — not necessarily an entrepreneur.
    Ok, by the owner or whoever he sells/leases his idea to.
    At what price?
    At whatever they agree upon between themselves.
    So, an idea can be sold — like more tangible property?
    Yes!
    Can it then be resold, if the current owner no longer wants it?
    Yeah...
    Can it also be stolen then? Used by someone, who neither thought of it first nor purchased it from the inventor or an earlier buyer?
    Ok, yes, it pains me to admit it, but the term "theft" is not as inappropriate here as I once thought...
    Can the owner — be they the original inventor or someone who honestly purchased or inherited or otherwise legally obtained it — sue such a thief for damages?
    Yes, Ok, he can. But I'll still spit on him and call him names — such as "patent troll"!
    Profit!!
  • by bfwebster ( 90513 ) on Wednesday September 21, 2016 @03:25PM (#52933793) Homepage

    Given that this case has gone on for six (6) years, a $3 million verdict probably won't even cover MobileMedia's legal fees (which, I suspect, the judge will not grant to them on top of the aware; it's unusual for the plaintiff/patent owner to get legal fees on top of damages in these cases). Patent litigation is very expensive, especially if you go to trial; I remember being staggered at what the cumulative per-hour billing rate must have been for one such trial where I testified as an expert. ..bruce..

    • by sl3xd ( 111641 )

      It seems every patent troll thinks their patent should be worth billions of dollars. It also seems that some companies are deciding it is worth their dime to get the courts to evaluate an actual court-ordered value for the troll's patent, which is a fraction of anything the troll wants.

      This time Troll has won a Pyrrhic victory [wikipedia.org].

      Hopefully the trend will continue until trolls decide that a non-practicing entity suing over patents isn't a viable business model.

  • When you're as big as Apple you can afford to make such lawsuits very expensive. It probably cost more than $3mil to litigate this case.

    Apple, and other very wealthy companies, should in these cases just use every means to delay, stall, and in general make the trial as expensive as possible. They will pay more as well, of course, but it discourages others and will reduce such cases in the future.

  • by Anonymous Coward

    It stands to show that if you work hard, be innovative, keep on believing and NEVER give up ... you too can acheive your dream, and bring a creation to life ... which someone will ultimately sue you for. THAT is the new American Way.

  • by zedaroca ( 3630525 ) on Wednesday September 21, 2016 @06:27PM (#52934957)

    And forget that they reduced American's product competition by enforcing the round corners patent. Let's forget that they patented the "slide to open" (like the doors). Isn't slide to open even more outrageous than ring-silencing patents? Or at least about the same?
    Let's forget that they just applied for the paper bag patent [theguardian.com]

    Let's forget that they are constantly buying patents to profit from them in the exact same way these "patent trolls" do. Not every patent they buy becomes a product of their own, many are buried and many are just for collecting money from others use. This was a troll vs troll situation, let's not pretend Apple was on the high moral ground.

    These patents are there just to make every product cost more and destroy any competition from small companies, humanity is losing.

    • by Dog-Cow ( 21281 )

      Let's forget that Apple sues for infringements of patents it actually uses. MobileMedia Ideas wouldn't know how to silence a ringer if you handed them a bell and a sledgehammer.

      Apple is not a patent troll.

      • Yes, they use the round corners and slide to open. But having those patents qualifies them as patent trolls.

Ummm, well, OK. The network's the network, the computer's the computer. Sorry for the confusion. -- Sun Microsystems

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