Apple Patent Loss to Wisconsin on A7

By | November 12, 2015
Automated Retail

Apple A7 ChipWrite up on The Recorder

Apple’s computer processors infringe technology patented by the University of Wisconsin, a federal jury in Madison found Tuesday.

Lawyers for Irell & Manella have set up the Wisconsin Alumni Research Foundation—the university’s licensing arm, also known as WARF—for a potentially big damage award following a six-day jury trial. WARF is prepared to ask for as much as $862 million in the upcoming damages phase, according to a pretrial ruling.

WARF alleged that Apple’s flagship A7 processor, which is used in the iPhone 5S, iPad Air and iPad Mini with Retina Display, infringed WARF’s 5,781,752 patent, which covers circuitry that improves chip efficiency and performance. WARF also brought a new suit against Apple just before trial based on the recent launch of the iPhone 6S, 6S Plus and iPadPro, which WARF says contains the same technology.

Apple, represented by Wilmer Cutler Pickering Hale and Dorr, tried first for invalidation at the Patent Trial and Appeal Board. The PTAB declined to institute proceedings in April, and on Tuesday a jury found the six challenged claims valid and infringed.

Irell’s trial team was led by partners Morgan Chu, Gary Frischling, Jason Sheasby and Alan Heinrich, along with associates Christopher Abernethy, Amy Proctor and Anthony Rowles. Defending Apple at trial were Wilmer partners William Lee, James Dowd, David Marcus, Andrea Jeffries and Jordan Hirsch, along with Catherine Cetrangelo of Madison’s Cetra Law Firm.

The ‘752 patent concerns a “table based data speculation circuit for parallel processing computer.” The circuit predicts when a processor can execute programs out-of-sequence, to improve efficiency, without risking errors. Irell settled a suit against Intel over the same patent in 2009.

Apple has argued that the technology was well-known by 1995, but U.S. District Judge William Conley, the PTAB and U.S. District Judge Barbara Crabb in the Intel case all rejected Apple’s construction of the term “prediction.”

“While the court agrees with Apple that [Crabb’s] decision has no binding effect on this court … any more than the PTAB’s decision does, the court will obviously consider Judge Crabb’s and the PTAB’s reasoning and analysis in the opinion below,” Conley wrote in denying summary judgment of invalidity to Apple.

Contact the reporter at sgraham@alm.com.

Read more: https://www.therecorder.com/id=1202739753930/Apple-Loses-Big-Patent-Battle-in-Wisconsin#ixzz3oYblMK1l

Author: Retail Systems

Craig Allen Keefner is an influential figure in the self-service technology industry, best known for his leadership in kiosks, digital signage, and retail automation. Based in Denver, Colorado, Keefner has managed the Kiosk Industry Group (Kiosk Manufacturer Association) since 2014, supporting self-service professionals and overseeing projects in kiosks, point-of-sale systems, thin client technology, and related fields.​ Over his career, Keefner has served in various executive and managerial roles—including as owner and CEO of pioneering kiosk and retail tech companies, as well as managing key industry websites such as kioskindustry.org and thinclient.org. His experience also includes significant contributions to the deployment and advancement of interactive technology in healthcare, retail, and smart cities.​ Keefner holds a BA from the University of Tulsa and has earned credentials in electronics and technology from institutions like the Missouri Institute of Technology and DeVry. Often recognized as “Mr. Kiosk,” he is noted for his expertise, industry advocacy, and innovation in digital self-service solutions