“Apple Inc. has succeeded in getting two additional Smartflash LLC patents invalidated, bringing it closer to escaping a $533 million patent verdict,” Susan Decker reports for Bloomberg.
“The U.S. Patent and Trademark Office on May 26 invalidated two of three patents owned by Smartflash, which won the award after a jury trial against the iPhone maker in February 2015,” Decker reports. “A three-judge panel at the patent agency found that the two patents never should have been issued in the first place because the idea of storing and paying for data is an abstract concept, not a specific invention. In March, the agency said the same thing about a third Smartflash patent.”
Decker reports, “The ruling, however, doesn’t end the case. Smartflash can ask the Patent Trial and Appeal Board to reconsider and, if that doesn’t work, file an appeal with the U.S. Court of Appeals for the Federal Circuit.”
Read more in the full article here.
MacDailyNews Take: As we wrote in February 2015:
Once a real court gets it, [the] rocket docket jury’s mistake will be overturned on appeal.
On heels of $532.9 million verdict, Apple hit with second lawsuit from Smartflash – February 27, 2015
Apple plays the odds for overturning rocket docket’s $533 million verdict – February 26, 2015
Rocket docket jury orders Apple ordered to pay $532.9 million in patent trial; Apple to appeal – February 25, 2015