There are things that are not understood. The patents, are in the public domain, and can be consulted. If you are going to manufacture a device and you believe that some of its functions are patented by third parties, you must request permits for it, and normally, pay royalties. That's what they are for.
And what I do not understand in how Apple, and its legal services, do not look at these things with a magnifying glass before launching a new product or service, to avoid what has just happened. Just been sentenced to pay 300 million dollars for using an encrypted content distribution service without the consent of the company that owns the patent.
Let's suppose that I design a circular smartphone. I make a report, explaining with hairs and signs how said mobile would be, I attach four crappy drawings where a round screen is appreciated, without the need to make 3D renderings or anything spectacular, and I present it in patent house.
Making such a request is relatively cheap. If I am lucky enough that no one else has come up with such an idea, the regulatory body grants me the patent, and voila. All that remains is to put it in the drawer and wait. Because I am not a mobile phone manufacturer, nor do I intend to manufacture it. But if it occurs to anyone to do so, they will have to buy the patent or pay me a royalty for each unit sold. And if he doesn't, denounce the song.
This is what the company does PMC (Personalized Media Communications). He is dedicated to filing patents that he will never use, but he believes that some company can do it. His business is to later sell these patents to companies interested in their exploitation.
Condemned to pay $ 300 million
Bloomberg just report that Apple has been ordered to pay 308,5 million dollars to Personalized Media Communications after infringing a patent related to Digital Rights Management (DRM). A federal jury in Marshall, Texas, ruled Friday that the company infringed PMC's patent after a five-day trial was held.
PMC had filed the lawsuit alleging that Apple infringed a patent of its own that includes Fairplay, which Apple uses to distribute encrypted content from its iTunes, App Store, and Apple Music applications.
It all started in 2015. PMC had sued Apple for allegedly infringing seven of its patents. Apple successfully challenged the case, but PMC appealed to the court last year and reversed the board's decision that certain patent claims were invalid.
Apple is not the only victim of PMC. Google y YouTube won a similar lawsuit over another PMC patent recently and another complaint against Netflix is pending in New York. Big game, no doubt.
