Personal Audio Seeks Another Bite Out of Apple Inc. Verdict in First Lawsuit Leads to Second Complaint Accusing iPod, iPhone and iPad of Patent Infringement

On July 20th, Personal Audio filed a lawsuit accusing Apple's iPod, iPhone  and iPad of patent infringement. The July 20th lawsuit follows on the heels of a July 8th jury verdict in Personal Audio's first patent infringement action against Apple. The July 20th complaint summarizes and differentiates the patent claims in the two lawsuits:

In Personal Audio, LLC v. Apple Inc., et al., Case Number 9:09-CV-00111-RC ("Personal Audio v. Apple I"), Apple Inc. ("Apple") and Personal Audio entered into two stipulations expressly reserving newly released products for a second lawsuit. Personal Audio is bringing that suit with the present Complaint. Apple has argued that the July 8, 2011 jury verdict awarding a lump sum applies to all Apple products regardless of whether they were included in that trial or even that lawsuit. However, as explained in more detail in Personal Audio's letter to the Court on July 14, 2011 ... Personal Audio is entitled to pursue this action against Apple for infringing conduct not considered by the jury. The trial between the parties that occurred between June 23, 2011 and July 8, 2011 only concerned infringement by iPod Classic Generations 1 through 6, iPod Mini Generations 1 and 2, and iPod Nano Generations 1 through 5. The jury instructions given by the Court specifically instructed the jury to disregard any evidence that Personal Audio was entitled to damages relating to products not accused in that litigation. Furthermore, the verdict form instructed the jury to award damages only for the conduct the jury found to infringe. Consequently, the damages award issued by the jury on July 8, 2011, does not cover any other products.

The accused products in this Complaint are the iPod Nano Generation 6, iPod Shuffle Generation 4, iPod Touch Generation 4, iPhone 4, and iPad 2. All of these products were the subject of Apple's stipulations to reserve these products for this lawsuit with the exception of the iPad 2, which was released after both stipulations.


Personal Audio sued Apple for patent infringement [US Patent No. 6, 199,076] on June 25, 2009 [amended complaint]. This lawsuit covered Personal Audio' s allegations that the following iPod products infringed: iPod Classic Generations 1 through 6, iPod Mini Generations 1 and 2, and iPod Nano Generations 1 through 5; the following iPhone products infringed: iPhone, iPhone 3G, and iPhone 3G5; and the first iPad infringed.

The parties entered into stipulations on July 22, 2010 ... and September 20, 2010 ... that any Apple product released after January 27, 2010 would not be included in the Personal Audio v. Apple I suit so long as the parties did not agree that its relevant functionality was substantially the same as that of a product accused in that lawsuit.

Specifically, the parties agreed that "Apple would not argue that Personal Audio could or should have added such unannounced product to the above-captioned lawsuit."

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  • 07-22-2011

Only One word to characterize such a great post “WOW” that was a very interesting read