Personalized Media Communications, LLC v. Apple, Inc., No. 21-2275 (Fed. Cir. 2023)
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In 2015, PMC sued Apple, alleging that Apple FairPlay, a digital rights management technology that Apple uses on its computers, mobile phones, and other devices to prevent users from unauthorized uses of content—such as illegally copying songs on iTunes–alleging infringement of its 091 patent. A jury found that Apple infringed at least one of claims and awarded PMC over $308 million in reasonable-royalty damages.
The district court held a bench trial on remaining issues and found the 091 patent unenforceable based on prosecution laches. The court determined that laches required a challenger to prove that the applicant’s delay was unreasonable and inexcusable under the totality of the circumstances and that there was prejudice attributable to the delay. The Federal Circuit affirmed, agreeing that PMC engaged in an unreasonable and unexplained delay amounting to an egregious abuse of the statutory patent system. There was no clear error in the district court’s determination that PMC engaged in conduct causing delays at least through 2011. Apple began developing FairPlay in the early 2000s and launched it in 2003, so Apple necessarily invested in or worked on FairPlay before 2003, which is undisputedly during the period of delay.
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