This man/company could of sued Apple since day one when iPhone was released to the public. He chose not too. Come three year later, a huge success by Apple, and a revolutionary phone, and now he's trying to halt the production and have Apple possibly re-design everything? Might as well just sue the rest of the mobile phone companies around the world! This guy may not even have a product under that patent. We don't even know this company because it changes its names every time there is a lawsuit he is trying to do.
Go ahead, sue Apple. Get your money and run. But don't be wasting your time when you could of three years ago.
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I don't understand why you are hung up on the three years ago thing. It is incredibly common and completely understandable to wait before filing a lawsuit. Among other things, it takes time to perform the analysis required under Rule 11 of the Federal Rules of Civil Procedure. It also might be that they don't feel that earlier models, or earlier OS versions, infringed their patent. It also may simply be that Apple just became the largest smartphone seller in the US, and hence the biggest target. It may be that they've been talking to Apple about a license for 3 years, and negotiations finally broke down.
There is no requirement to "have a product under that patent," nor should there be.