Texas jury orders Apple to pay Smartflash $533 million

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

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

National groups for the UK and the Netherlands have flagged concerns with the choice of venue, following a formal complaint from Australia’s national group
Rasenberger is the CEO at the Authors Guild in the US
Vold-Burgess is the client director at Acapo Onsagers and the former CEO at Acapo in Norway
Williams is the CEO of the UKIPO in the UK
Orliuk is director of the Ukrainian IP office
Julie is chief IP counsel at Teva in the US
Ludlam is chief IP and litigation officer at Lenovo, while Maharaj is chief licensing officer for Ericsson in the US
Campinos is the president of the EPO in Munich
AlSwailem is the CEO of Saudi Authority for Intellectual Property in Saudi Arabia
Ridings, Orozco and Diego-Fernández Andrade are appeal arbitrators at the WTO in Switzerland
Gift this article