Apple Strikes Back Against Suing Company With Its Own Patent Infringement Suit

by , 8:00 AM EST, January 27th, 2003

Apple has filed a lawsuit against hand-held scanner maker Unova, Inc., alleging that the company is using technology that is covered under six Apple patents without permission. The lawsuit comes after Unova filed lawsuits with Apple, Fujitsu, Gateway, and other laptop manufacturers over a "smart battery" patent. That patent involves memory monitoring technology, and Unova has collected over US$150 million from PC manufacturers that have settled with the company.

The Bloomberg article doesn't make it clear what the patents in question are in Apple's suit, but mentions that Apple is trying to prevent Unova from selling products that rely on what Apple says are its innovations. From Bloomberg:

Unova's Intermec unit is using the patented technology in software and scanners that are hand-held or mounted on vehicles and used by delivery people or warehouse workers, Apple claims. The suit seeks to bar Unova and Intermec from selling machines and software that rely on Apple's innovations, including those related to data transmission and the voltage on circuit boards.

Apple's suit is the latest chapter in a fight over technology between the two companies. Unova sued Apple and other computer makers last May, claiming infringement of a patented invention to monitor use and recharging of portable computer batteries. Unova has collected at least $150 million in legal settlements from laptop makers over the "smart battery" patent.

"It appears to be a tactical response by Apple, filed in response to our lawsuit against them in 2002 for infringement of Unova's smart battery patents," Unova spokesman David Brooks said. Unova sued Apple, Fujitsu Ltd., Gateway Inc. and other computer makers in federal court in Los Angeles over the battery technology.

Lynn Fox, a spokeswoman for Cupertino, California-based Apple, declined to comment on the disputes with Unova. Apple's lawsuit was filed Wednesday in federal court in Wilmington, Delaware.

You can read the full article at Bloomberg's Web site.

The Mac Observer Spin:

This is an interesting twist in the patent battle, and the kind that Apple has actually been good at fighting. The company has a very large patent portfolio, and it's no surprise the company was able to dig up some things it can claim Unova is violating after having been sued itself. It will be interesting to see where this tit-for-tat strategy will lead.

There is need for patent reform, and this is especially true in the tech world where companies have been increasingly looking to cash in on un-utilized patents by suing other companies many years after supposedly infringing technology has been made mainstream. British Telecom tried collecting money from ISPs because it allegedly owned a patent covering hyperlinks despite pre-existing art and also waiting for more than a decade before trying to collect. (BT got spanked by the courts in that case) Also consider the case where Imatec (unrelated to Unova) filed for all manner of patents and did nothing with them other than wait for companies, that actually made products, to use them so they could be sued... There are numerous examples of this kind of tactic happening all around us.

We frankly don't know enough about the Unova case to say whether this applies, Apple is retaliating, or even that the company is in the "right," but the fact remains that the current patent system is flawed. These two cases are merely the latest examples of that flaw.

Any Observers knowing more about this issue are asked to offer their thoughts.

Bloomberg Article