Texas jury orders Apple to pay Smartflash $533 million

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Texas jury orders Apple to pay Smartflash $533 million

An Eastern District of Texas jury has decided Apple infringed three of Smartflash’s patents and ordered the electronics giant to pay $532.9 million in damages

The jury found that Apple infringed one claim each of the ‘720 patent and the ‘221 patent, and two claims of the ‘772 patent. It also found that Smartflash had proved “by clear and convincing evidence that Apple’s infringement was willful”.

Smartflash had asked for $852 million in damages. It originally sued Apple in May 2013 – along with Robot Entertainment, KingsIsle Entertainment and Game Circus – alleging that the iTunes software infringed six patents related to data storage and access systems.

Smartflash said the patents-in-suit cover a portable data carrier for storing data and managing access to the data via payment information and use status rules, and that they were infringed by apps sold through iTunes that require payment functionality to collect payment for additional content.

Reuters quoted Apple saying in a statement: "We refused to pay off this company for the ideas our employees spent years innovating and unfortunately we have been left with no choice but to take this fight up through the court system.”

In 2014, Apple filed 21 covered business method review petitions challenging Smartflash patents at the Patent Trial and Appeal Board.

Smartflash has also sued Samsung, Amazon and Google.

more from across site and SHARED ros bottom lb

More from across our site

India has formally liberalised its legal market, allowing foreign firms to open offices in the country and provide advisory services
Rachelle Downie, who joined K&L Gates’s Melbourne office in January, discusses how working at a global firm with a strong life sciences focus is helping her win more business
Alexander Bjørnå, aera’s first hire in Norway, explains why it’s the right time to disrupt the country’s ‘traditional’ IP market
Natasha Ahmed said she was drawn to the firm’s commitment to artificial intelligence and tech transactions
As it celebrates its 50th anniversary this year, the firm discusses private equity interest in IP, why the UPC is a key priority, and being a ‘strategic adviser’ to clients
Thomas Rukin discusses IP due diligence, his joy at seeing colleagues succeed, and taking inspiration from Marcus Aurelius
The UK-India trade deal doesn’t mention legal services, showing India has again failed to agree on a move that could help foreign firms and local practitioners
Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
Gift this article