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The Patent Troll that Beat Samsung over Wireless Patents relating to Bluetooth EDR is now Suing Apple

17.3 Patent Infringemeent


Back in November 2017 Patently Apple posted a report titled "U.S. Court of Appeals dismisses a Lawsuit brought against Apple by Rembrandt Patent Innovations over iTunes Functionality." The patent troll is back to sue Apple on another front regarding Bluetooth with EDR. The patents used to sue Apple with are the very same ones that beat Samsung in court, even though Samsung was able to get the penalty reduced from $15.7 million to $11.1 million.


Virginia's Rembrandt Patent Innovations now appears to be Rembrandt Wireless Technologies from Virginia.


Rembrandt is the assignee and owner of the patents at issue in this action: United States Patent No. 8,457,228 (“the ‘228 Patent”) and United States Patent No. 8,023,580 (“the‘580 Patent”) were originally owned by Gordon Bremer. Rembrandt isn't fighting for the little inventor but rather for themselves, a patent troll.


In their formal complaint against Apple they make it clear that "The patents accused of infringement in this lawsuit, US Patent Nos. 8,457,228 and 8,023,580, were previously asserted in this District against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Telecommunications America, LLC. As part of that lawsuit, this Court construed the meaning of certain terms and phrases from those patents, and ultimately conducted a jury trial, during which both of those patents were found to be valid and infringed. After extensively reviewing the post-trial motions, this Court denied Samsung’s motions for judgment as a matter of law, and its request for a new trial, and entered Judgment in favor of the patent owner, Rembrandt.


Later in their complaint Rembrandt notes that " Upon information and belief, Apple has infringed directly and indirectly and continues to infringe directly and indirectly claim 21 of the ‘228 Patent. The infringing acts include, but are not limited to, the manufacture, use, sale, importation, exportation, and/or offer for sale of products practicing any of the following Bluetooth specifications that support Enhanced Data Rate (“EDR”): Version 2.0 + EDR, Version 2.1 + EDR, Version 3.0 + HS, Version 4.0 + LE, Version 4.1, Version 4.2, or version 5 (collectively, the “Bluetooth EDR Specifications”).


Such Apple products that support one or more of the Bluetooth EDR Specifications are hereinafter referred to as the “Apple Bluetooth EDR Products.” 29. Apple’s Bluetooth EDR Products include but are not limited to the: iPhone XR; iPhone XS; iPhone XS Max; iPhone X; iPhone 8, iPhone 8 Plus; iPhone 7; iPhone 7 Plus; iPhone SE; iPhone 6; iPhone 6 Plus; iPhone 5; iPhone 5S; iPhone 5C; iPhone 4; iPhone 4S; iPhone 3G; iPhone 3GS; iPad Pro (3rd Generation); iPad (2018); iPad Pro (2nd Generation, 10.5” and 12.9”); iPad (2017); iPad Pro (1st Generation, 9.7” and 12.9”); iPad Air 2; iPad Air; iPad 4th Generation; iPad 3rd Generation; iPad 2; iPad; iPad mini 4; iPad mini 3; iPad mini 2; iPad mini; iPod Touch 6th Generation; iPod Touch 5th Generation; iPod Touch 4th Generation; iPod Touch 3rd Generation; iPod Touch 2nd Generation; iPod Nano 7th Generation; Apple Watch, Series 4; Apple Watch Series 3; Apple Watch Nike+; Apple Watch Hermes; Apple Watch Series 2; Apple Watch Series 1; Apple TV 5th Generation; Apple TV 4th Generation; Apple TV 3rd Generation; Apple TV 2nd Generation; Apple TV 4K; AirPort Extreme; MacBook; MacBook Pro; MacBook Air; iMac Pro; Mac Mini; iMac; Mac Pro; Beats Solo2 Wireless Headphones; Beats Studio Wireless Headphones; Beats PowerBeats3 Wireless In-Ear Headphones; Beats PowerBeats2 Wireless In- Ear Headphones; AirPods; Beats Pill+ Wireless Speaker; Beats Pill Wireless Speaker; Beats Pill XL Wireless Speaker; Beats Studio3 Wireless; Beats Solo3 Wireless Headphones; BeatsX Earphones; Powerbeats3 Wireless Earphones; HomePod; and all other devices that use Bluetooth EDR.


Apple’s Bluetooth EDR Products satisfy the limitations of the claims of the ‘228 Patent. For example, each of Apple’s Bluetooth EDR Product is a “master communication device” that can operate in the role of the master in a master-slave relationship and communicate with other Bluetooth EDR Products operating in the role of slaves."


2 Rembrandt vs Apple


10.4 - Patently Legal


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