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THX is alleging that Apple has committed an infringement

|March 20 2013 |Industry News, Breaking News


Another lawsuit for Apple! Tragic or time to pay up to make good deliberate or perhaps inadvertent acts? The big Apple crew is once again distraught and in a weary wrangle facing serious legal implications. THX is the Company pursuing prosecution this time around. THX, is no small unit recently formed, and after Apple’s huge pecuniary successes. This Company was apparently founded by Star Wars producer George Lucas. THX is alleging that Apple has committed an infringement of its rights by wrongfully using the speaker technology in Apple’s iPhones, iPads and Mac products which THX claims to be their original concept.

thx logo

THX has filed a Complaint before the U.S. District Court, Northern District of California seeking redressal and claims, which if allowed, will surely be felt by Apple. The source of THX's Complaint arises from its speaker unit technology that enhances sound output and which can be attached to computers and flat-screen television sets. This technology has been patented by THX much prior to when Apple began using it, and hence the former Company contends violation of its priority right of use. THX has further made out that by infringing their rights Apple has caused them grievous loss, "monetary damage and irreparable harm". Alongside an Order as to damages from breach and infringement, THX is seeking costs for royalty and other miscellaneous costs and has also prayed for an injunction preventing Apple from using this technology in the future.

The ides of March bore well for Apple to begin with when three patent claims by Samsung were dismissed in the Court of the Chancery Division of the High Court of England and Wales. The said claims related to processing and transmitting data on 3G mobile networks. An appeal will perhaps be forthcoming, however its victory for now.

Samsung also failed to convince a court in Japan that Apple has committed patent infringement. The laws relating to patents vary in different states of the world, although they are modelled around common accepted principles, and hence where Samsung fails in succeeding in a suit in one part of the word, there is undoubtedly a force howsoever small, that will influence the decision in courts in other countries.

Finnish Company Nokia has come forward to support Apple’s contentions against Samsung in the legal fracas over patents infringement. Nokia is also seeking to obtain permanent injunctions against Samsung and is the only other Company to back Apple’s appeal.

Nokia filed its brief in support of Apple at the US Court of Appeals for the Federal Circuit in Washington and secrecy over the same has been maintained. We’re guessing this is natural since the brief first requires be admitted and allowed in Court. Keith Broyles Nokia’s attorney argues that the Federal Court erred in ruling that the iPhone maker must establish a "causal nexus" between their patents and the demand for its phones in order to be granted permanent injunction. Keith Broyles aggrieved by such a ruling stated, "This finding could cause wide-ranging damage to the United States patent protection landscape." .


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