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Smartflash Hits Apple With Second Lawsuit After Winning $533 Million Verdict
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If someone comes up with an idea that is non-obvious to those well-versed in the art, ahead of its time, and genuinely novel, then they are entitled to patent protection.You grab the pitchforks, I'll start lighting the torches.
We can't let these non-believers get away with this.
How dare someone come up with an idea with no money to produce an actual product out of it.
None of those apply in this case, your pathetic attempt at sarcasm aside.
Take my challenge, then. Tell us all one thing in his patents which is non-obvious.
Go to their website. They don't patent anything or build anything or design anything. They simply buy patents given up on by their owners who never built anything with them.
Well stated. If anyone copies a company, that company will lose either way. Either deal with the public shame or let them get away with it.
DRM existed then. Portable storage existed then. Online purchases existed then. Putting them together is obvious to anyone versed in the art. Even if it was not viable as a business due to technical limitations such as the price of the portable storage, that doesn't make the idea novel and worthy of protection.
Shall we start going through Apple's patents and start pointing out which ones were obvious, but that they were granted anyway?
I really, really, really don't think you want us to start doing that, so you may want to cease this path you are currently on. It won't end well for you.
Trust me...
It should be illegal to be this stupid.
Everybody here has to stop for a second, drop the Apple hate, and realize what you're engaging in and discussing here.
This doesn't start and stop with Apple.
Read that last line again.
Now, let it sink in.
Apple isn't the only company this troll is going after, and they ARE the definition of patent trolls. They're also suing Amazon, Google, Samsung, and quite a few others over these very same -- very frivolous -- "patents", which are nothing more than very basic ideas that EVERY company that does business on the Internet uses on a daily basis.
So, before you get all giddy that Apple is "finally getting what's coming to them", realize that a lot of other companies are going to suffer from this, too. Including innocent ones that didn't engage in patent wars over "shapes".
Just because Apple does something we disagree with, doesn't make it right for other companies to do it...because now a LOT of other companies that "didn't have this coming to them" also have it coming to them.
And you sit here condoning this behavior?
That's the definition of stupid.
I don't trust you. Trust is earned.
But if you want to dodge my very specific request to find one innovative claim in Smartflash's patents by redirecting at Apple, knock yourself out. Show us which Apple non-design patents are obvious and should also be invalidated.
In spite of your silly "won't end well for you" hyperbole, I promise not to do anything drastic.
Ignore him at this point, my previous post eviscerated everything he's said thus far, pointing out the obvious in which he's missed...that this patent troll isn't going to stop at Apple...they're in the process of suing EVERYBODY over this nonsense.
He's just so blinded by his Apple hate that he's not seeing the forest for the trees.
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If you took more than 3 seconds to research this, you'd realize that these patents are nothing more than very basic ideas, most of which existed and were used long before they were ever patented.
These patents are as basic as this: Method for accessing payment information on a portable device or computer network.
That would mean ANYBODY that does business on the Internet is in violation of these "patents". That includes Google, Amazon, Target, WalMart, eBay, PayPal, Samsung, HTC, Sony, Microsoft, etc...E V E R Y B O D Y.
Oh, and they're also suing them all, too.
So, if Apple were to lose this case -- EVERYBODY would lose this case.
The good news is Apple won't lose...just like all of the other frivolous "patent" cases coming out of this Texas court, the minute they go through the appeals process, it'll get overturned and the patents will get overturned.
There is a reason these types of cases are ALWAYS launched out of the Eastern District Court of Texas. If you don't know why, research it.
If it was so obvious then shame on Apple for not getting the patent themselves.
Let me ask, if you owned that patent and stood to make half a billion USD would you not go the same route? Or are you going to tell us all you'd roll over and let Apple off the hook because you're a nice person and think the patent system is flawed. As someone else said earlier, business is business. If the system is broken, its not their fault.
My iPhone 6 is currently laughing at you.
But yes, let's start ignoring and denouncing the free thinker. There's absolutely no room for his kind here.
My iPhone 6 is currently laughing at you.
But yes, let's start ignoring and denouncing the free thinker. There's absolutely no room for his type here.
You're so "free" thinking, you felt free to never bother thinking about the implications this has on other companies.
Way go to.
Oh, and way to "free think" your way out of not responding to a single point I made about how these "patents" affect more than just Apple...but nice joke about a "laughing phone", which doesn't even matter when it comes to hating a company. For all we know, you only have Apple products because your work forces them on you.
Well, obviously the patent system works when it benefits Apple. When it doesn't, then its time for reform.
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Yes, my work also forced me to buy a Retina MacBook Pro and an iPad...
Yikes, where do you people come from? Just because a person buys and uses Apple products doesn't mean they are required to bow down for them.
I see you continue to "free think" your way around responding to the actual points I made in my post.
Of everything I wrote, you pick out nothing more than "Apple hate" and continue talking about devices you own that have NOTHING to do with this the topic at hand. It's obvious by now you have no actual reply, but thanks for engaging in the discussion. It's just too bad you decided to contribute nothing.
"A patent shall be presumed valid. Each claim of a patent ... shall be presumed valid independently of the validity of other claims; ... The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity." 35 U.S. Code § 282(a).
It's extremely naive to think the best patent litigators in this country, that were hired by Google and Apple to fight this, didn't make a valiant effort to prove these patents are invalid. But no, Mr. BrerBear is smarter than them, and his baseless statements are proof enough.
...and it is extremely naive for you to think this case was tried in the Eastern District of Texas for any other reason than that specific court system is VERY favorable to patent holders, namely those of basic and often vague software patents.
Do note that Google is in the process of trying to move this same case against them OUT of the Eastern District of Texas, and the litigators are trying very hard to keep it there. Why would they care what state the case is tried in if they were so confident in these patents that you continue to defend?
The answer is they KNOW other states WILL invalidate those patents, which is why they're fighting to stay in the Eastern District of Texas. These cases are almost ALWAYS won in this court system, and then overturned in appeals the second they're no longer in the Eastern District.
Here is a bit of information on the Eastern District of Texas (feel free to search for more), it's worth knowing despite being a bit old:
http://www.texasmonthly.com/daily-post/east-texas-patent-trolls-score-another-win-and-maybe-big-loss
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Well, it stands to reason. Armchair litigators are the best litigators after all.
The people who know best about these things are the ones who aren't involved in any capacity.
This is false. The rate of finding patents valid or invalid, or infringed or not infringed is the same in EDTX as every other district court. The only advantage to EDTX is those juries tend to award higher dollar awards.
"A review of 36,000 completed patent cases filed nationwide between 2000 and 2013 found that plaintiffs in East Texas lose just as often as they win."
http://www.dallasnews.com/business/headlines/20140828-patent-cases-still-pour-into-east-texas.ece
The report is by Lex Machina, they have the best stats and data on patent litigation today, by far.
It's really hard to take this seriously when you consider that Apple doesn't actually manufacture their products either.
Half a billion dollars... Is "tend to award higher dollar".. Oh my... euphemism.. If insanity of awards (not linked in any way to actual marketability of patent) makes them "just a little bit different", well hey who am I to complain.
The half a billion thing is why thing will be go to appeals and drag on a long time, so what's the point of you even arguing for this place in east Texas at all?
Other lawyers seem to have a different point of view of this. And even patent troll firms seems to have a different view of this. Several links in the other thread. You can look them up.
Anyone who thinks its a "victory" for the little guy, when all small firms will eventually be killed by patent trolls, are plainly deluding themselves. This hits smaller firms much stronger than big firms.
Well IMO Apple is also a Patent Troll under the same definition of this story then, they enter patents for products they never make to stop their competitors doing the same. If they own the patents, and others are breaching them then they have a right to sew, the big corporations would be first in line at the court house to sew.
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Sorry you are wrong. It costs a lot of money to patent something. Individuals just don't do that. If there is an exit for the money intended for the inventors it's the lawyers and patent trolls sucking up money made by companies who sell a product or service.
Apple will overturn the judgement no doubt, it's not a legitimate claim based on the loose and rather universal nature of the patent.
I don't blame the company for pursuing the money for their ridiculous patent.
I blame the patent system for awarding it, and for the biased east Texas court system for rewarding the behavior of these leeches.
What does Apple care anyways? $533 million is pure pocket change for Apple. May as well have been $533 billion....what's the effing difference? They'll just pay and make another eleventy trillion next quarter. 
They want money. What else is more 'American', than getting something for nothing.