MacNN | Jury selection begins in NetAirus v. Apple suit over smartphone tech
Mac News Network View: Standard | Headlines | Categorized | Slim
Mac News Network
Mac News iPod News Reviews Forums
 

Desktop Headlines
Jury selection begins in NetAirus v. Apple suit over smartphone tech
Tuesday, November 12, 2013 @ 12:40pm

Jury selection is slated to begin today in the long-running NetAirus v. Apple lawsuit, Bloomberg reports. The case, first filed over three years ago, complains that the iPhone violates a 1997 patent held by NetAirus owner Richard Ditzik, documenting a handheld device merging a computer with wireless communications over local- and wide-area networks. Apple has maintained that the Newton MessagePad achieved similar technology as early as 1994, rendering NetAirus' patent obsolete.



"The technology at issue was so well known at the time NetAirus filed its patent, that independent patent watchdogs have made NetAirus's patent a poster child in the movement to limit the proliferation of facially invalid patents," Apple wrote in a July 2011 petition to dismiss the case. In 2012 US District Judge John Kronstadt allowed the suit to go forward, on the basis of NetAirus' claim that the iPhone violates a patent for a phone configured as a PDA that switches between Wi-Fi and cellular. The company was, however, denied a motion to add the iPad and more recent iPhones to the scope of the complaint. As the case moves towards trial, NetAirus will be limited in the damages it can potentially claim. A May 2013 ruling in Apple's favor prevented any damage payments from being collected for infringements before October 8th, 2012; that's when the US Patent and Trademark Office issued a re-examination that Kronstadt agreed would "substantially" change the claims of the NetAirus patent. The company can currently only pursue damages from iPhone 4 sales after the October 2012 marker. Via a separate complaint submitted in May however, the company is pursuing damages from the iPad, iPhone 4S, and iPhone 5. NetAirus suffered another setback on November 8th, when Kronstadt excluded testimony from Joseph Gemini, the company's damages expert. The judge decided that Gemini's view that royalties should be set at $3 per unit for one patent claim and $3.50 per unit for five others was missing quantitative analysis and wasn't reliable. Also blocked was testimony from Ditzik, arguing that a royalty rate of 3 to 5 percent of US sales would be reasonable. "An opinion setting forth a 3-5 percent royalty rule of thumb based on 'patent articles on the web' is improper expert opinion offered by a lay person," Kronstadt commented.

Comments on this Article
Print Friendly Version
Email to a Friend
Add MacNN to Your RSS Feeds
Buy from the Apple Store


Related Stories:

Most Recent Stories:

  • Apple Pay already accounting for one percent of all digital payments - 10:45 PM EST
  • Briefly: Always-on voice search on Chrome OS, Amazon 4K video in UK - 9:22 PM EST
  • Hands On: Video Converter Pro - All (OS X) - 7:26 PM EST
  • Hands On: Airmail 2 (OS X) - 5:31 PM EST
  • Kate Winslet could take 'lead' role in Jobs biopic - 4:22 PM EST
  • DirecTV users get access to Fox Now, FX Now, Nat Geo app content - 3:39 PM EST
  • Forums: temp sensors, old iMacs and Yosemite chats - 3:37 PM EST

    Today's iPodNN Stories:
  • Briefly: Always-on voice search on Chrome OS, Amazon 4K video in UK - 9:22 PM EST
  • Google posts response to leaked Sony 'Project Goliath' emails - 4:41 AM EST
  • Plaintiffs in Google antitrust lawsuit required to submit more details - 11:13 PM EST
  • Interview fallout continues: actors complain, Team America taken down - 7:35 PM EST
  • Intel processors rumored to appear in two Lenovo smartphone launches - 3:20 PM EST
  • No comments posted on this story yet. Please post yours.
    Your Comments
    In order to post comments, you must be a registered member of the MacNN Forums and logged in. Please login with your MacNN Forums username and password.

    MacNN Forums Login:

    MacNN Forums Password:

    Not a member of the MacNN forums? Register now for free.