Back in 2012 Apple was sued by EON Corporation over Apple TV and iTunes interactive video services using four patents. EON had successfully sued companies like Asus and LG Electronics. In EON's 2012 formal complaint against Apple they boldly stated that "Many of Apple's major competitors in the wireless industry have properly paid for using EON's technology. By this action, EON engages a compulsory process that will require Apple to do the same." Late yesterday Apple filed a for a Declaratory Judgement against EON to invalidate a key patent in this case.
The Nature of Apple's Action
Apple's filing with the court stated that "This is a declaratory judgment action arising under the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq. and the Patent Laws of the United States, 35 U.S.C. § 1 et seq. Apple seeks a declaration of invalidity, unenforceability, and non-infringement of U.S. Patent No. 5,592,491 ("the '491 patent"). Apple further seeks a declaration that EON is precluded from asserting any claim of the '491 patent against any Apple products or services.
For your convenience, Patently Apple has created a SCRIBD document as noted below that covers Apple's filing. With this full document you'll be able to read about how this case has progressed thus far and the details behind Apple's five counts against EON.
Count 1: Declaration of Invalidity of the '491 Patent
Count 2: Declaration of Unenforceability of the '491 Patent
Count 3: Declaration of Non-Infringement of the '491 Patent
Count 4: Declaration of Preclusion under Judicata Collateral Estoppel, and the Kessler Doctrine, and
Count 5: Declaration of License and Exhaustion of the '491 Patent
The patent infringement case against Eon Corp. IP Holding, LLC presented in today's report was filed in California North District Court, San Francisco office. At present, no Judge has been assigned to the case.
Patently Apple presents only a brief summary of certain legal cases/ lawsuits which are part of the public record for journalistic news purposes. Readers are cautioned that Patently Apple does not offer a legal opinion on the merit of the case. A lawyer should be consulted for any further details or analysis. About Comments: Patently Apple reserves the right to post, dismiss or edit comments. See our Legal Archives for other patent infringement cases.