Policy —

“Corporate troll” wins $3M verdict against Apple for ring-silencing patent

Company backed by Nokia, Sony, and MPEG-LA gets a $3M verdict.

The iPhone 6S and 6S Plus and the sixth-generation iPod Touch were all introduced in Q4.
Enlarge / The iPhone 6S and 6S Plus and the sixth-generation iPod Touch were all introduced in Q4.
Andrew Cunningham

A non-practicing entity called MobileMedia Ideas LLC won a patent lawsuit against Apple today, with a Delaware federal jury finding that Apple should pay $3 million (£2.3 million) for infringing MobileMedia's patent RE39,231, which relates to ring-silencing features on mobile phones.

MobileMedia is an unusual example of the kind of pure patent-licensing entity often derided as a "patent troll." It is majority-owned by MPEG-LA, a patent pool that licenses common digital video technologies like H-264, MPEG-2, and MPEG-4. Minority stakes in MobileMedia are owned by Sony and Nokia, which both contributed the patents owned by the company. MobileMedia also has the same CEO as MPEG-LA, Larry Horn.

The report of the verdict comes from legal newswire Law360. The verdict form wasn't immediately available from PACER, the federal courts database.

A $3 million verdict is hardly going to make an impact on Apple, and it doesn't represent a huge win for MobileMedia, which was reportedly seeking $18 million in royalties from the trial. Still, getting a verdict in its favor does represent some validation of MobileMedia's business model, which was a striking example of technology corporations using the "patent troll" business model as a kind of proxy war. Nokia and Sony were able to use MobileMedia and the licensing talent at MPEG-LA to wage a patent attack on Apple without engaging directly in court.

The battle ended up being a long one, as MobileMedia first filed the case in 2010. It went to trial in 2012, and the jury found that Apple infringed three patents. After reviewing post-trial motions, the judge knocked out some, but not all, of the infringed patent claims. Then came an appeal in which a panel of Federal Circuit judges upheld (PDF) some of the lower court's decisions and overturned others.

In all, after years of back-and-forth, the ring-silencing patent was the one that MobileMedia had left. While Apple didn't win the case against one of the first "corporate trolls," it was able to severely pare down the scale of the attack and show that it's willing to fight a long legal war of attrition to make its point.

The battle is likely not over, either. Most high-stakes tech patent cases are appealed to the Federal Circuit these days, and there's no reason to think that won't happen here. MobileMedia didn't immediately respond to a request for comment on its win.

A small taste of what happened at trial can be gleaned from a Law360 report covering opening arguments on September 12.

MobileMedia's attorney told the jury that the case was about “Sony’s invention from 1994 that is still being used." Apple's lawyer responded that Sony "never said one word to Apple" when the patent was in its hands.

Channel Ars Technica