Apple asks the Court to Invalidate a Patent that has already been found invalid by the Patent Trial and Appeal Board
Earlier this week Apple filed a complaint for declaratory judgment against firm "IXI Mobile (R&D)" claiming they haven't infringed Patent 7,295,532 because the ’patent was found to be invalid. Apple and Samsung got the Patent Trial and Appeal Board to deem the claims invalid and yet IXI Mobile attempts to continually reinvent the patent claims in order to find Apple guilty of patent infringement. Apple is seeking a final verdict on the patent claims of the IXI Mobile patent.
Apple is once again trying to finally have the court make it clear that the patent claims can't be continually changed and used against them. Apple further points out that the claims don't even apply to their technology as follows:
"For example, Apple’s iPhones do not add network services to local networks via Personal Hotspot functionality by loading network service software components from a cellular network.
Second, Apple’s accused products do not include a "router software component" claimed in limitation 32[h] of exemplary claim 32 at least because Apple’s accused devices do not translate a first IP address in a plurality of public IP addresses to a second IP address in a plurality of private IP addresses, as claimed in limitation 32[h]. For example, Apple’s iPhones do not translate between a first public IP address provided to the iPhone from a cellular network and a second private IP address for a device connected to an iPhone via the Personal Hotspot functionality.
Third, Apple’s accused products do not include a “messaging software component” as claimed in limitation 32[l] of exemplary claim 32 at least because Apple’s accused products do not enable one or more programmable devices connected to a wireless local area network to send SMS messages, as claimed in limitation 32[l]. For example, Apple’s iPhones do not enable another device to send SMS messages via the Personal Hotspot functionality.
Thus, Apple’s accused products do not satisfy at least limitations 32[e.3], 32[h], and 32[l] of exemplary claim 32. Apple does not infringe the remaining claims of the ’532 Patent for at least similar reasons."
Apple is asking the court for the following relief:
- That the Court enter a judgment declaring that Apple has not infringed and does not infringe any valid and enforceable claim of the ’532 Patent;
- That the Court enter a judgment declaring that the ’532 Patent is invalid;
- That the Court declare that this case is exceptional under 35 U.S.C. § 285 and award Apple its attorneys’ fees, costs, and expenses incurred in this action;
- That the Court award Apple any and all other relief to which Apple may show itself to be entitled; and
- That the Court award Apple any other relief as the Court may deem just, equitable, and proper.
The case is more complicated than our brief overview presents and those interested in the full details of the case should read Apple's full complaint filed with the court in the SCRIBD document below, courteous of Patently Apple. The bottom line is that IXI Mobile (R&D) is about to sue Apple for Patent Infringement and Apple is trying to get the patent made invalid ahead of time.
Apple v IXI Mobile Declarat... by Jack Purcher on Scribd