William Gallagher
Having beaten Apple in a patent dispute, PanOptis is asking for the courts to also award it permanent royalty payment per infringing iPhone, iPad, and Apple Watch, sold in future.
As Apple calls for a complete retrial, patent holder PanOptis wants its $506 million victory to be supplemented. The company's lawyers have asked a Texas federal judge to award it ongoing royalties for every iPhone, or other infringing device, Apple sells.
According to Law360, PanOptis argues that it should be awarded $4.22 per iPhone, $3.62 per iPad that infringes its patents, and $2.25 per Apple Watch.
"Case law and the facts strongly support an ongoing royalty at a rate higher than that awarded by the jury on a per patent, per-unit basis," said PanOptis in a court motion. "Nonetheless, plaintiffs seek an ongoing rate solely at the per-patent, per-unit rate awarded by the jury, without an increase."
"Despite the fact that Apple's ongoing infringement will be willful and thus an enhanced ongoing royalty rate is appropriate, plaintiffs only seek an ongoing royalty equal to the jury's implied rate," continued the motion.
PanOptis says that its figures regarding iPhone, iPad, and Apple Watch royalties is calculated based on the jury's awarding it $506 million for Apple's apparently willfull infringement of 4G LTE patents.
Apple is contesting how, it claims, the jury was directed to consider "nine claims from five patents into one question."
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7 Comments
I’d rather not be paying a patent troll indirectly $10+ per year for junk vague patents. This could easily add up to $100s over multiple patent trolls. These patents are only serving people that manipulate the system for their own gain and don’t contribute to meaningful R&D. The patent system needs new tougher standards and retroactive removal of all existing patents that are designed for rent seeking. The rent seeking by these patent trolls is indirectly defrauding consumers. Apple and Intel are suing some patent trolls using antitrust regulation covering rent seeking. I’d love to see class actions against them as well.
More Patent Trolls jabbing their sticky-fingers into the Apple Pie.