14 DAY TRIAL // With the iPhone, Apple was expecting a lot of lawsuits, so they went out and 'patented it' covering the technologies used in the making of the gadget in over 200 patents. Of course, Apple was expecting to have to sue other people trying to imitate their successful device, not the other way around. Regardless, Apple is facing a lawsuit claiming that its iPhone infringes on the patents of another company.
SP Technologies is claiming that Apple willfully and deliberately infringed on their patent with the iPhone's keyboard and is asking the company to pay royalties. SP Technologies' complaint is also asking for a permanent injunction against further use of the intellectual property at issue. The claim that Apple deliberately violated their patent raises the level of damages that the company will be forced to pay if they are found guilty. In these cases, the defendant has to pay punitive damages equal to three times the economic loss that the plaintiff suffered.
The suit has been filed in a federal court in the Eastern District of Texas, which has a reputation for being sympathetic to plaintiffs in patent infringement cases. SP Technologies' lawyer, T. John Ward, argued in the filing that the case should be heard in this particular Texas court because Apple conducts business in the area by selling or attempting to sell the iPhone online or through local stores. This is not the first time that Apple faces such a lawsuit, considering the success of its products and the depth of its cash reserves. The choosing of this particular location, the threat of an injunction and the treble damages due to deliberate infringement, are no doubt intended to compel Apple to settle without a trial.
Considering that Apple itself has numerous patents for the multi touch technology used in the iPhone user interface and that the keyboard is simply a natural application of these it will be interesting to see how this turns out.