A report recently claimed that the verdict which had been rendered in February 2015 where the company had to pay $532.9 million can now be avoided as it puts the Apple in a good position due to the invalidation of two more Smartflash patents. It has been found by a trio of US Patent and Trademark Office judges that patents should not have been issued.
This is due to the fact that the concept of paying and storing data is one that is considered as abstract and is not an invention in specif. This was noted by Bloomberg recently. In March, a similar decision had been taken in regards to the 3rd Smartflash patent. The matter can still be brought by Smartflash for the Federal Circuit to the Patient Trial and Appeal board or even the U.S. Court of Appeals. The validity of the patents is already been examined by the latter to check and see if the company had actually violated them, this is because an appeal had already been made earlier by that company in regards to the trial verdict.
Smartflash on its arguments has been banking on an unconnected case ruling as it had been found that not every software is inherently abstract. In order to recalculate the damages, both the parties are going back for a trial. This is die to improper instructions that was provided by the judge to the jury during the original trial. Smartflash had accused Apple of violating the patents though services like App Store and iTunes Store. During the fight of the case, Apple’s point of argument was pertaining to the fact that the U.S patent system was being exploited by Smartflash without having a domestic presence or any kind of product. Only time will tell what the outcome will be, however the developments of this will be updated as and when it is out.