By: Sharon Urias, Esq.
A company that successfully sued Microsoft for over $400 million dollars in 2004 for patent infringement, is now suing Apple for patent infringement, as well.
Software developer Intertrust Technologies based out of Sunnyvale, California, filed the infringement suit for fifteen patents on “security and distributed trusted computing”, basically the same patents listed in the company’s successful litigation against Microsoft.
In the infringement suit, Intertrust wants Apple to pay for using the patents without a license and has asked the court for an injunction to stop Apple from selling or importing any products that fall under these patents in the United States.
According to Mark McKenna, a law professor at Notre Dame, the suit is a “potentially huge damage award … it’s almost every Apple product.” All of Apples popular products and services – iPhone, iPad, iTunes, iCloud, Apple TV, Mac computers, and the Apple App Store – would be affected by the suit.
Intertrust, although not a well-known company, has been around since 1990. The company owns more than 250 patents, and is backed by electronic companies Sony and Phillips, who each hold a 49.5 percent stake in the company.
The CEO of Intertrust, Talal G. Shamoon, said, “Apple makes many great products that use Intertrust’s patented inventions … patents that are foundational to modern Internet security and trusted computing.” He told CNET the two companies have been talking for quite some time, but he could not provide more details because of nondisclosure agreements. Shamoon also added, “We find it regrettable that we are forced to seek court assistance to resolve this matter.”
To emphasize that Apple was aware of Intertrust’s ownership of the patents, in its suit the company mentions its successful suit against Microsoft multiple times. Intertrust states it has a successful record of licensing its technology, and lists Adobe, Nokia, Samsung, HTC and LG Electronics as examples of its licensees.
Apple, who is no stranger to patent litigation, did not immediately respond to a request for comment.
