Did Apple market its iPod and iPhone using expired patents? That’s the claim of an Austin Texas group asking a court to fine the Cupertino, Calif. company and several wireless carriers $500 per falsely-labeled product. The Americans for Fair Patent Use is suing under the federal False Marketing Statute.
The AFPU is also suing Sprint Nextel, Verizon Wireless and Samsung. The group alleges Apple marketed the iPhone, iPod touch, fifth- and sixth-generation iPod classic and third- and fourth-generation iPod nano using patents that had expired prior to the products reaching store shelves. The patents in question are U.S. Patent Nos. 4,577,216, 4,631,603, 4,819,098, and 4,907,093.
“Despite the fact that all of the ‘216, ‘603, ‘098 and ‘093 patents expired prior to the first sale in the United States of any Apple Product, Apple knowingly and intentionally marked the user manuals, user guides, or product information guides (or the equivalent) for these products at various times with the patent numbers of these patents,” the suite alleges to the U.S. District Court in the Eastern District of Texas.
The group alleges the “false marking” of Apple marketing material constitutes “harmful conduct.”
The suit calls for the court to fine Apple and the other defendants $500 per wrongly-market product. The suit asks that $250 go to the government, while $250 go to the AFPU.
In 2009, Apple said it was a defendant in more than 47 patent lawsuits.
