Apple Inc. Sued Over 'Complete Disregard' of Multi-Format Patent

A company going by the name of Multi-Format has filed a lawsuit against Apple Inc. alleging patent infringement over its invention of the concept of selling and enabling of downloaded video content like movies and HDTV programming on iTunes, a report reveals.

A site focused on Apple’s patent applications breaks the news that private New Jersey Corporation Multi-Format Inc. has filed a patent infringement lawsuit against Apple in the Northern District of Illinois East District Court.

Patently Apple details its findings, noting that “the lawsuit appears to be concerning the sale and enabling of downloaded video content like movies and HDTV programming on iTunes to all of Apple's hardware including the iPhone, iPad and Apple TV,” with Multi-Format Inc. seeking a "reasonable royalty" from Apple.

According to the report, Multi-Format has further asked the court to consider, should the damages not be found by a jury, that said damages are tripled, according to the inclusion of sub-section 284 of the U.S. legal Code.

The patent cited in the suit is RE38,079 for “Multi-Format Audio/Video Production System.”

"Apple has made, used, sold, offered for sale and/or imported products which enable the downloading and viewing of video programs, including, but not limited to, the personal computers, including the Power Mac G5, iPhone (including 3GS and 4G), iPad, iPod classic, iPod nano, iPod Touch, Apple TV, and iTunes products, throughout the United States, including in this judicial district.

These acts by Apple have directly infringed at least claim 20 of the “'079 Patent…", the infringement is described.

According to Multi-Format, Apple “was given actual notice of the patents-in-suit on or about November 13, 2009, when Multi-Format provided Apple with actual notice of the '079 patent and informed Apple of Multi-Format's belief that Apple was infringing the '079 patent.”

“Apple has continued to infringe the '079 patent, in an objectively reckless manner, with complete disregard of Multi-Format's rights in the '079 patent," reads the complaint, according to Patently Apple.

By failing to adequately respond to Multi-Format's allegations of infringement, as well as to take the necessary steps to avoid the current situation, "Multi-Format demands judgment against Apple, including its affiliates, offers, agents, servants, employees, and all persons in active concert or participation with them."

It seeks "An award to Multi-Format of such damages as it shall prove at trial against Apple that is adequate to compensate for their unlawful conduct, said damages to be no less than a reasonable royalty, together with prejudgment interest from the date infringement of the '097 patent began."