Reexamination has not Saved Apple against MobileMedia Patents, So Far

Scott Daniels | December 14, 2012

MobileMedia Ideas won an impressive victory in Delaware yesterday when a Federal jury returned a verdict that Apple’s iPhone 3G, 3GS and 4 infringe three MobileMedia patents: U.S. Patent Nos. 6,070,068, 6,253,075 and 6,427,078.  The jury also found that none of the patents was anticipated or made obvious by the prior art.  The first two patents claim certain call handling systems, and the third, camera technology.

Apple had followed its customary strategy for defending against claims of patent infringement – it filed substantial reexamination requests against each of the MobileMedia patents.  But that strategy has not worked.  The reexamination examiner confirmed the patentability of the specific claims of the ‘075 and ‘078 patents that Apple was found to infringe.  And the claims of the ‘068 patent that were found to be infringed, were actually added to the ‘068 patent in the reexamination.  So far at least, Apple’s reexamination approach has misfired.

That could change, however, since the Patent Office ordered reexamination of the ‘078 patent last month, based on an ex parte request filed by RIM.  MobileMedia has also sued RIM and HTC for infringement of these patents, and there could be more reexamination requests on the way.

MobileMedia is jointly held by MPEG LA LLC (50.2%), a Sony subsidiary (24.9%), and a Nokia subsidiary (24.9%).  The ‘068 patent was originally owned by Sony and the ‘075 and ‘078 patents, by Nokia.

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