Patent Infringement Case – Ban Apple’s iPhone5?

Apple Inc. has been sued for patent infringement by Boston University, and has attempted a ban on its devices like iphone 5, ipad and MacBook Air . Secernated trustees of academic institution lodged a complaint in the Massachusetts federal court that Apple Inc’s products contain a “gallium nitride thin film semiconductor device” that is still under patent protection and has charged a case against trade of all Apple devices. The Boston University had demanded an action by a jury in court papers and also requested the court to “perpetually enjoin offender and all those in contact with offender from designing, selling, offering for sale, dispersing and using products that infringe the 738 patents.”

Boston Vs. Apple - Patent Infringement Case

The university states in the complaint that BU professor of Electrical & Computer Engineering Theodore D. Moustakas had filed for patent in 1997. As the patent has a 20 years life span in US, this means the patent expire latest by 2017. The patent specifies the use of nitrogen to prepare a type of film that is “a potential source of inexpensive and compact solid-state blue lasers. The university has appealed to court to direct Apple Inc. to hand it over all gains & profits derived due to patent infringement.

While it is clear for the court to decide on the worth of the case, one question that arise is why BU took so long to file its complaint against Apple as the first iphone was launched in 2007 and it contains the same blue laser light that the existing application of iphone bears. Court papers filed by university states that it is one of the largest private university in the US and is a non- profit educational institution. Then why is it looking a part of Apple Inc. takings for number of past years?

At last the only question arises is that will both the parties resolve the argument outside the court or Apple could come out with its own sets of patents or may be invalidate the BU’s patent.

Author: Manjari Vyas