• Apple Denied a Retrial in Smartflash Suit, Doesn't Have to Pay Damages Though

    US District Judge Rodney Gilstrap recently refused to grant Apple a new trial in the company’s fight against a Smartflash patent infringement lawsuit. Simultaneously, the judge also declined to reconsider a decision to toss $532.9 million in damages that were originally awarded to Smartflash. According to court documents, Judge Gilstrap’s decision was reached on the basis that the jury’s verdict was supported by adequate evidence and therefore shouldn’t be overturned. Furthermore, he defended the validity of the disputed patents and dismissed an Apple allegation that the court made a mistake on omitting a jury instruction about prior art.

    The new document about the damages decision continues to remain unavailable to the public but barring any new developments in the situation, a damages retrial should begin on September 14th.

    For those of you who didn’t know, Smartflash previously won a $532.9 million judgment against Apple in February, after it successfully pursued claims that services like the iTunes Store and App Store violated three patents involving access to data storage through payment systems. It should be noted though that in July, Gilstrap tossed the jury verdict stating that his instructions may have tainted the damage assessment.

    As far as Smartflash goes, the company is seen as a patent troll considering it doesn’t actually offer any products or services. The company’s income instead comes from patent licenses and lawsuits. The Cupertino California company on its behalf claimed that Smartflash is exploiting the US patent system without having a presence in the country and essentially contributing nothing to the economy.

    We’ll have to wait to see how this legal battle pans out.

    Source: Texas Court via AppleInsider
    This article was originally published in forum thread: Apple Denied a Retrial in Smartflash Suit, Doesn't Have to Pay Damages Though started by Akshay Masand View original post
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