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Creator of 'Remotizer' Keyless Entry System Sues Apple for Selling HomeKit-Enabled August Smart Lock

alexgowers said:
I’m sure a 3rd party isn’t included in that. The product itself infringes on a patent and can only be sold once to a third party. NOTE: it does not say reseller anywhere in that definition.

Also “makes, uses, offers to sell or sells” could be seen as a list of requirements that all need to be done. For example if I use an iPhone that infringes on a patent am I personally liable for compensation? According to you and your definition I am!
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And yes, if you use the product you also infringe. You won’t be sued because it would cost far more than the damage award.

And it cannot be seen as a list that “all need to be done.” That’s the difference between “or” and “and.”
 
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Southern Texas and patent infringement... isn’t this the same district that Uniloc uses to troll money out of businesses?
 
cmaier said:
You can be pretty sure but you’d be wrong. If you sell an infringing product and you are not licensed you infringe. Period.
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Again, infringement is allegedly ongoing. So Apple is aware of the patent NOW and so sales from today onward are a different story.
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You seem to be defending this action quite hard? What is your interest?

Anyway as you say this is all 'allegedly' at this stage. it may turn out that August are not even infringing on this 'patent', patent could get invalidated or overturned. Whilst you did use the word 'allegedly', the tone of your posts seem to imply that you feel that the infringement is cut & dry.
 
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This reminds me of a lawsuit of a games company taking Facebook to court. They waited for Oculus to be bought by Facebook THEN they sued Facebook. ZeniMax could have sued the owners of Oculus years before while they was still developing their product but there was no money in taking them to court but as soon as Facebook buys Oculus, bam!!, ZeniMax sue's Facebook.

https://www.theguardian.com/technology/2017/feb/01/facebook-oculus-vr-lawsuit-zenimax

The guy going after Apple is doing the same thing.
 
Purple Pear said:
You seem to be defending this action quite hard? What is your interest?

Anyway as you say this is all 'allegedly' at this stage. it may turn out that August are not even infringing on this 'patent', patent could get invalidated or overturned. Whilst you did use the word 'allegedly', the tone of your posts seem to imply that you feel that the infringement is cut & dry.
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I’m not defending anything. I’m pointing out what the law is. A lot of people state their legal opinions on here and it’s clear they aren’t familiar with patent law, so I’m pointing out where they are wrong. My only interest is in encouraging a correct understanding of title 35 of the u.s. code.

I have not analyzed the patent or the device and have no idea if it’s a valid, enforceable patent, or if Apple or anyone else infringes.
 
Purple Pear said:
You seem to be defending this action quite hard? What is your interest?

Anyway as you say this is all 'allegedly' at this stage. it may turn out that August are not even infringing on this 'patent', patent could get invalidated or overturned. Whilst you did use the word 'allegedly', the tone of your posts seem to imply that you feel that the infringement is cut & dry.
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He is an expert.
 
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