Patently Apple is now learning that Apple's legal team has filed a "Complaint for Declaratory Judgement of Non-Infringement" against patent trolls by the name of Fundamental Innovation Systems International and Fundamental Innovation Systems International Holdings LLC (Fundamental Innovation Systems).
Apple knows that Fundamental Innovation Systems has sued LG Electronics, Huawei and ZTE and so Apple is going on offense to head off a patent infringement suit they feel is in the making.
This kind of lawsuit is filed when a party is threatened with a patent infringement lawsuit. It may preemptively sue the patent owner(s) in a declaratory judgment action and seek to have the patent declared invalid or not infringed.
Apple makes the point clear that "Apple is a leading designer and manufacturer of mobile communication devices, personal computers and portable digital media players. On the other hand the defendants "are patent assertion entities formed for the sole purpose of generating revenue by asserting patents against other companies’ products."
Apple refers to the 12 granted patents from BlackBerry and Research in Motion as the "Patents in Suit" that they're being accused of infringing by Fundamental Innovation Systems and declares that "Apple’s products do not infringe the Patents-in-Suit."
Further into the filing Apple states that "This Court should not allow the threat of a future lawsuit to harm and cause uncertainty to Apple’s business. Therefore, there is and remains a substantial controversy between Apple and Defendants of sufficient immediacy and reality to warrant the issuance of a declaratory judgment of non-infringement. Therefore, Apple brings this action to obtain a declaratory judgment that Apple’s Adapter Products (including the Apple 2.4A Adapter), Lightning Products (including the Apple iPhone 7 Plus and 8 Plus, iPad Pro 4, iPod touch, AirPods, and Beats Pill+ Portable Speaker) and Apple Watch Products (including Apple Watch Series 2 and 3) (collectively “the Accused Products”) do not infringe at least the claims of the Patents-in-Suit identified below, directly or indirectly, literally or under the doctrine of equivalents."
Apple has filed 12 Counts of "Non-Infringement" to counter the known patents used against other industry players as noted at the top of our report. For all of the details of this case, review the full Apple filing made in the Northern District of California earlier this week as presented in the Scribd document below courtesy of Patently Apple.