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 2026

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

A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
UKIPO rejects trademark application for 'Cristiano Ronaldo Origins' following opposition by Beck Greener client in a rare case that considered actual use
Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
Head of IP, Andrew Brennan, and new partner, France Delord, explain how tech provides an edge in the battle for global brand owners’ business
Anton Hopen, shareholder at Trenam Law, shares how counsel should construct Section 101 claims as early 2026 PTAB data shows reversals rising in technical cases
Law firms should consider how they can help clients, as report calls on EU to use IP-backed financing to increase bloc’s competitiveness and attractiveness for businesses
In the final part of a series on challenging patent invalidation decisions in China, lawyers at Spruson & Ferguson and Marshall Gerstein share how courts adjudicate appeals
Stijn Debaene and Carina Gommers want Brussels-based Cast Law to be the place 'everybody wants to work'
Gift this article