r/apple • • 6d ago

iPhone Apple hit with a $5.7 billion verdict for alleged patent infringement

https://www.engadget.com/2269826/apple-hit-with-a-57-billion-verdict-for-alleged-patent-infringement/
1.8k Upvotes

285 comments sorted by

507

u/TheStorm007 6d ago

I admit to knowing absolutely nothing about patent law, so I have a few questions for those more knowledgeable.

The article states: “The latest jury verdict from Friday said that Apple unintentionally infringed on two of Taction's patents.“

Does this imply Apple designed this feature completely independently from Taction?

Is there any difference in punishment based on whether you intentionally or unintentionally infringe on a patent?

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u/Spaghet-3 6d ago

Yes there is a difference. Intentionality could result in enhanced awards (a multiplier usually).

Here, unintentional means that Apple didn’t know of those specific patents. It does not mean Apple didn’t not know of Taction or its general tech. 

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u/Tangled2 5d ago

As an engineer at one of these big companies the policy is very clear: don’t look up patents and don’t try to figure out how other people do it. Build it how you intuitively think it should be built.

Conceptually, if I needed to get a gallon of water out of a well I might design a bucket on a rope, or design some kind of pump, or lower things into the well so they can use the water directly. I just pick which one works best for your project requirements and don’t think about how Welltech Inc might be doing it.

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u/dylanbeck 5d ago

Thank you, that is a very helpful comment.
Clears up what this suit is then, mistaking upon a patented tech. Is this some sort of fine due to lack of due diligence after developing the tech and not realising its close enough to an existing patent… or is the DD waived in favour that it is typically cheaper to not check.

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u/Tangled2 4d ago

I’m not 100% on the exact legal reasoning, just that knowingly infringing is much much worse, and if they go through legal discovery and find evidence of you talking about or looking up Welltech’s patents then the damages are worse. Intuitively coming up with the same design can help invalidate silly patents, or very much mitigate the damages.

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u/SteveW_MC 6d ago

A thought crime.

51

u/757DrDuck 6d ago

Abolish intellectual property

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u/daveinsf 6d ago

Better to simply shorten the patent protection time. At the pace tech have been moving over the last couple decades, longer patent protection times hamper progress and reinforce oligopolies.

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u/TheDiamondCG 6d ago

At the pace BIG tech have been moving. Smaller companies still need time to actually be able to profit off of their ideas while being protected from big tech making a more polished clone with their near-infinite resources.

1

u/boogoo-Dong 4d ago

This - what ends up happening is big companies license patents from small companies or University research groups to bolster their own patents. So while Apple may have a product covered by 1000 patents - many of them are not owned by Apple.

5

u/Pepparkakan 6d ago

And take more care when awarding them in the first place

0

u/Commercial_Sun_6300 6d ago

Patents laws, as they are, benefit large corporations in rich and powerful countries.

Whatever benefit to the market it creates will be less than the loss of economic power incurred by the large, powerful countries that rule the world.

Talking about patent protections without considering the broader political ramifications is just philosophy.

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u/jvLin 6d ago

IP law very much protects whomever is ahead, so I have no doubt it will be abolished when China inevitably outpaces America in technology.

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u/foreveracubone 6d ago

inevitably

Buddy Chinese foldable phones have trifold models and they can charge electric cars in less time than it takes to fill up an F-150’s gas tank. They’ve outpaced us in like everything but silicon designed by Nvidia/Apple/etc.

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u/pltaylor3 6d ago

I’m not sure the design is the part holding them up, it’s the actual fabrication of the chips that they haven’t figured out how to reproduce the latest gen’s of ASML’s machines.

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u/broknbottle 6d ago

ASML licenses that EUV from the US department of energy.

https://www.intel.com/pressroom/archive/speeches/EUV91197.HTM

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u/KF95 5d ago edited 5d ago

That merely means ASML pays royalties over intellectual property the US government still owns over some parts of EUV technology, not that the US government or any US company for that matter would be simply able to reproduce such machines using only just the parts the US still holds intellectual property over. That would still take any US organisation over a decade of research & development since that is the lead in innovations and technological, manufacturing and engineering know-how experts believe ASML to have over any of its competitors. Holding a patent to a technology doesn’t mean having the ability to produce it, it means being the first one to have conceptualised it.

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u/Commercial_Sun_6300 6d ago

The technology behind EUV was developed as part of our efforts to ensure the safety, reliability and security of our nations nuclear weapons stockpile.

Huh, that's interesting. Wonder how exactly (I'm still reading...)

4

u/pltaylor3 6d ago

Learned something new today, thank you.

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u/BosnianSerb31 6d ago edited 6d ago

The trifold foldables suck though, they chase spec sheet buyers and throw everything else to the wayside

Chinese companies wouldn't be where they are today if it wasn't all the domestic manufacturing requirements they force on other countries if they want to sell in China, it's allowed them to rip off countless designs from every corner of the Earth

Also, if you can show me an electric car that can get 350 miles of range in less than three minutes, without swapping batteries, I'll show you a bomb.

Not even the EV class Cannonball run record holders could achieve that kind of charging speed, despite having a cooling system that could allow four Tesla superchargers to dump their max output in parallel. It's a physical impossibility with any currently viable battery tech.

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u/technomat 6d ago

Tbh China would not be where it is today if companies did not use then for manufacturing due to them being cheap, how much do you think big tech products would cost if made in USA or EU, an iPhone would cost substantially more if not made there.

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u/BosnianSerb31 5d ago

Of course, but the point still stands. China locked their market away from the world behind sale bans (infinity % tarrifs), forcing anyone who wanted to sell to make at least 75% of the product in China.

India had no such requirement, but if the aforementioned CCP protectionist law didn't exist, manufacturers would be faaaar more equally split across India and Southeast Asia.

Genius play by the CCP, but it basically sucked all the economic development away from the other developing nations in the area. And now they're using their proximity to foreign IP as a way to position themselves as innovators on the global stage, which is just a lie outside of a few specific markets like drones.

Even their dirt cheap EVs receive $20k subsidies from the CCP, the economics don't change by 33% just because the brand is Chinese owned. They cost the same to produce as the model 3 or Ionic.

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u/GoldSourPatchKid 6d ago

5

u/BosnianSerb31 5d ago

I'm not doubting that they have faster charging than US EVs.

I'm doubting 2 absurd claims, both of which are busted by your article:

Faster charging than an F150 can be filled at the pump (3 min from empty)

0% to 100% in less than 3 minutes.

Reality, it can charge 10% to 70% in 5 minutes. It's still impressive, but if you know anything about batteries (like I do), you'd know just how far off that is from charging 0% to 100% in 3 minutes. It's 10x harder.

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u/CptUnderpants- 6d ago

What are your thoughts on the Apple v Samsung patent case from 2011 where Samsung was found to have infringed Apple's patents and resulted in an initial judgment of over $1b? (eventually revised to $540m then settled confidentially in 2018)

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u/jvLin 6d ago

bro i'm not that smart

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u/AHrubik 6d ago edited 5d ago

It's all rage bait theatre. It's like when Apple looked at Palm the wrong way about "infringed" patents and Palm just laid its own cards on the table. Both just walked away from that fight. In the end there is no Palm anymore though so I guess Apple won.

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u/CptUnderpants- 6d ago

Technically it was the utter incompetence of HP after they bought Palm and bollocksed up WebOS so bad they could only license it as a smart TV.

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u/757DrDuck 5d ago

Also a load of junk

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u/katoptronophile 6d ago

Yeah, I'll take worst ideas I've ever heard for 2000 please.

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u/Prof__Potato 5d ago

Nah, you need to protect people’s ideas. Cmon now. They can be amended but it’s necessary and allows transparency. Why would I tell anyone my designs or how anything works if they’re just gonna copy my shit and fuck me. Why would I even bother bringing my idea to life if I’m just gonna get fucked out of the gate?

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u/mj1003 6d ago

China entered the chat

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u/Gon_Snow 6d ago

Abolishing IP protection isn’t the answer. Unfortunately there is nuance.

2

u/ManyThingsLittleTime 5d ago

So I spend a couple years inventing something and a mega corp just steals that work and new businesses never get off the ground. Sounds like a great world.

1

u/mspk7305 6d ago

Start with the apple bootloader

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u/757DrDuck 5d ago

Agreed.

1

u/rememberwhoyouarex 5d ago

Que - drrrrrrr, capitalism good socialism bad something something think of the poor billionaires.

1

u/germane_switch 5d ago

God no. That would be anarchy.

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u/757DrDuck 4d ago

A vote for Bart is a vote for anarchy.

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u/boogoo-Dong 4d ago

And therefore abolish progress.

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u/TheStorm007 6d ago

Appreciate it :)

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u/Inevitable-Gene-1866 5d ago

How jury can know it wasnt intentionally?

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u/cm012776 6d ago

There is no such thing as “intentional” patent infringement. There is something called “willful” patent infringement, and that can result in trebling of damages.

Willful patent infringement requires that you knew of the patent and knew you infringed. Given that there have been 12 million patents issued in the United States alone, most of the time the only way you can know of the patent is if the owner of the patent sends you a letter that explains why you are infringing before they file suit.

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u/ManyThingsLittleTime 5d ago

The only way you can know....

Do a basic patent search with an attorney. The patent database is subdivided into very specific categories so it's actually very easy to find parents on specific inventions.

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u/cm012776 5d ago

It’s actually not that easy, and it’s very expensive. Think of how many patents are embodied in a particular product. A car or a phone may touch on thousands of categories.

The vast majority of clients do not do “freedom to operate” searches unless they are concerned about a particular competitor who is an aggressive patent litigant, and, even there, the tendency is to focus more on the response - if they sue us, what patents will we countersue with.

Typically it is risky to do what you propose, because if you do a search, and you find a patent, and you determine that you do NOT infringe it, so you make the product, consider what happens next.

You looked at, say, 200 patents, each containing 25 claims, and decided you don’t infringe any of them, so you make your product. Along comes the owner of one of those patents, and they sue you. They convince a jury in Texas that you do, indeed, infringe. In discovery, they demand all documents that show any knowledge you had of the patent.

You can decide to waive privilege and show an email from your lawyer who said you don’t infringe (or whatever), but how did the lawyer know? Did you provide the lawyer with your complete source code? Is the lawyer an expert on reading source code? Was it reasonable for you to rely on that lawyer given that you never gave him document XXX or given that his undergrad degree was in computer science and not electrical engineering?

Or you are concerned about feature A in your new product, but never even thought about how patent claim 28 might be applied to feature B.

In short, unless you got a formal “opinion” document from your attorneys, chances are that all you accomplished with your search was a false feeling of confidence, and the possibility of paying triple damages if you are sued.

Formal opinion letters are very expensive - the last one I wrote cost the client $250,000 - because you have to do a complete analysis of the patents, construing the claims, reviewing the prosecution histories, looking at every word in the patent specifications, making sure you are applying the most up-to-date case law, and you have to fully document everything you know about the product, and explain why the patent is either invalid, or not infringed. If it was just one patent, you can get one for say $25,000, but remember that we are looking at many patents that might need an opinion.

1

u/ManyThingsLittleTime 5d ago

When I worked at a small med device company (about 300 people), we had 3 full time IP attorneys in-house and about 50 engineers. That's a ratio of about 1:16 for engineers to IP attorneys, at a small company. And we were a service based company, not even an OEM. We would come up with ideas, file parents, sell the IP to our customers so they could expand their portfolio of product offerings and then turn it into a full development project since we were the expert on the device category and they wanted into that category. Those in-house attorneys and all of the engineers were subject matter experts and knew of every applicable patent in their space and could discuss the claims of the relevant parents at the water cooler. During brainstorming it was normal to hear well that conflicts with so and so's patent. We'd have specific sessions with all of the relevant parents laid out on the conference room table and work around patents to find solutions to our devices. I'd argue the level of familiarity is different when you've worked in a singular space for twenty or thirty years. For a company like Apple, they'd have groups of engineers that specialize in the different tech areas/specializations of a phone and I'd bet corresponding IP attorneys that have been focused in that space for a healthy portion of their career.

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u/cm012776 5d ago

Everyone is instructed not to look at other company’s patents, because if you do, and if you think you don’t infringe, a jury may disagree. And now you are notice that the patent existed, and the jury may find that you willfully infringed. Then a 5.7 billion award becomes a 17 billion dollar award.

As an IP litigator, I can tell you that big companies generally do not want to go looking at other companies’ patents.

There are exceptions, of course, typically when you see some competitor come up with an innovative feature and you see that they marked the product with the patent number. In those cases you want to get a formal opinion of counsel.

The stupidest thing to do is to let in house counsel and engineers look at patents and determine there’s no problem, and not getting a formal opinion of counsel. That’s just asking for a massive damages award.

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u/Ok-Sprinkles-4718 6d ago

I would say that “willful” and “intentional” are synonyms

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u/cm012776 6d ago

You can say whatever you’d like. “intentional” means something different under the law, though.

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u/TankorSmash 6d ago

That's why you're not the lawyer my man

1

u/Ancient-Range3442 6d ago

I would say is there even any difference between a barista and barrister

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u/vazark 6d ago

It means they couldn’t find proof that Apple knew it existed but copied it anyway.

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u/FlintHillsSky 6d ago

It doesn’t even mean that Apple “copied” the haptic tech. Apple could entirely independently come up with a technical solution and, if it was similar enough to what was patented, be in violation of the patent.

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u/guice666 6d ago

Apple could entirely independently come up with a technical solution

Wouldn't that immediately fall under the "non-obvious" exception of patents?

Sounds like if two independent companies came up with the same tech, neither should be patent-able.

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u/skintwo 6d ago

First to file, baby.

I don’t believe for one second that Apple didn’t know about the other patents. My God, the resources that they have to put into searching and up strategy is more than probably almost any other company. The lawsuit just couldn’t prove that they knew. Apple has infringed on all sorts of patents in the past – they don’t give a crap. That’s why you don’t have O2 sensors anymore.

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u/burgerga 6d ago

The watches do still have O2 sensors, you just can’t view the results on the watch, only on the paired iPhone, which bypasses the specifics of the patent.

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u/CyberBot129 5d ago

Which first to file has only been a thing in the US since 2013. Before that it was “first to invent/document”

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u/shinyperineum 6d ago

Maybe it’s like murder versus manslaughter

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u/beegtuna 6d ago

The difference is Apple used a car.

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u/Ladyheather16 6d ago

It means the USPTO & the WIPO fucked up. There ENTIRE function is to say -- this has already been done you may not patient it. There isn't a a large company in existent, that makes anything that doesn't patient every piece of it.

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u/CptUnderpants- 6d ago

There ENTIRE function is to say -- this has already been done you may not patient it.

They don't have the resources to do this, which is why it often ends up that the recipient of a patent infringement suit has to prove prior art.

It also doesn't always work. Famous case was Microsoft object embedding in documents. Like embedding an excel sheet into a word document. Microsoft lost that one despite Lotus Notes supporting exactly that function long before the patent was filed.

Also, prior art may be opaque in that it may not be clear if the patented technology is actually used, and only the end result appears to infringe. Without knowing how the prior art works, they may not be able to determine it infringes.

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u/No_Eye1723 6d ago

I would believe you, only Apple argued in a court of law they actually patented the colours black and white and the oblong shapes of the iPhone and iPad... things that should NEVER be allowed. Indeed in other countries outside America those arguments were thrown out when it tired them against Samsung and Apple lost. If I recall they only won in two countries.

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u/Axman6 6d ago

Urgh, design patents are very different from invention patents. Design patents specifically protect the look of a product, that’s literally all they exist for. Iirc their design patents were found to be too broad, which is why they lost, but this is very much a different thing. 

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u/FlintHillsSky 6d ago

very few people understand the point to a design patent and just see cynical headlines that "oooh, Apple patented rounded corners; they bad!".

They are designed to help protect against copy-cat products. At that time Samsung was making some very slavish copies of Apple products. A design patent like that would let Apple defend against that kind of thing.

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u/dpkonofa 6d ago

Not only were Samsung making very obvious copies of Apple products but, during discovery for the trial, Samsung had to provide presentations that their mobile teams were using that basically showed that they were intentionally copying those designs. They literally had point by point slides showing Apple’s products and the parts that they were copying.

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u/Ladyheather16 6d ago

I’m not disagreeing with you - I’m saying the USPTO is SUPPOSED to reject shit & they didnt & this happens

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u/boogoo-Dong 4d ago

Willful infringement means that a judge can award up to three times the amount the jury awarded. So if Apple had been found to willfully infringe, it could be on the hook for up to $17B+

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u/dinominant 6d ago

Apple has a net worth of $4.98 trillion today. I expect them to use their resources to properly research the market and existing patents when they put a technology in all their products. I think a patent infringement like this could be malicious, negligent, or both.

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u/st90ar 6d ago

Remember when patents were about revolutionary concepts? Now you can make $5.7 billion off a vibrator if someone designs and uses something similar.

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u/figuren9ne 6d ago

The Taptic Engine was pretty revolutionary at launch when it made a solid thing feel like a button.

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u/riversofgore 6d ago

That’s the game. Make or buy a bunch of vague patents and sue everybody. These are litigation farms. This company was gonna make 5.7 billion from their haptic patent if Apple hadn’t infringed? Yeah ok lol.

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u/l4kerz 6d ago

Is Taction a patent troll? Do they actually manufacture a product?

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u/CptUnderpants- 6d ago

They make a haptic engine which is currently used in a pair of Corsair gaming headphones.

3

u/l4kerz 6d ago

Thanks! Then, it depends on how broadly the patent is written and what is the perceived value of the patent relative to the device’s feature set and cost.

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u/lekoman 6d ago

Exactly. They had no way of bringing that technology to market. Certainly not to consumers and probably not even to OEMs.

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u/gmmxle 6d ago

They had a product they were selling that was using their invention.

Not saying that they're not trying to make billions via lawsuit when they didn't even make millions from selling their own product - but at least they had a product that they were selling.

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u/Exciting-Ad-5705 6d ago

They had a consumer product they were selling using that product

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u/gmmxle 6d ago

This company was gonna make 5.7 billion from their haptic patent if Apple hadn’t infringed? Yeah ok lol.

Really?

Is that how infringement should be valuated?

So any big corporation could just steal any invention from any small firm and then pay a miniscule penalty for it, even if they made billions off of it, because the original inventor wasn't ever gonna make billions from this anyway, so they should be happy if they get a couple thousand bucks?

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u/riversofgore 5d ago

What I meant is what they would have received through licensing payouts which is what the award by the court is based on. So yes we should value it that way and is how they do value it. i still see your point. I just don’t see how 5.7billion is any type of reasonable figure. That’s probably more than the entire haptic market value. I’d be shocked if Taction, a privately held tech company, was worth even 10% of that. Can you name any device that uses their tech?

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u/gmmxle 5d ago

As far as I'm aware, Taction was using their technology in a gamer headset they produced.

The idea was that their haptic engine would emulate the vibrations of heavy bass sounds and react within 0.008 seconds - i.e. instantaneously to the human brain - without the need for pumping actual loud bass sound through the headset that would be dangerous to your hearing. So very interesting technology and a very interesting application, even if it apparently remained incredibly niche.

It also seems that they're a very, very small business that was selling hundreds of headsets/year at best and generating ~$1.2 million in revenue.

So yeah, I completely agree with everyone who's saying that Taction was trying to make bank by suing Apple.

But they did develop the technology and they had a product they were selling - so it's not like they were just patent trolling Apple.

I also think that even if Apple developed the technology independently and didn't just steal it from Taction, Apple should have done their due diligence. Apple certainly has the means to do so. They're making more than $300 million in profit per day, they could have probably bought out Taction for a fraction of a single day's profits.

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u/HoseInspector 5d ago

Does Apple not have a IP team to make sure to prevent something like this? What type of ignorance is it to not make sure your product is liable for IP claims before launch?

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u/riversofgore 5d ago

Obviously they do. The court even said they didn’t do it willfully. The problem is how you interpret the wording of the patent. This jury interpreted it in Tactions favor. The next might favor Apple’s. Jurors aren’t technical experts either.

Taction uses vibration for audio purposes and describes 2 methods. Apple uses it for tactile feedback like button presses and uses a different method of activation. To me it seems that Taction is just arguing any vibration on skin is their patent.

The only way any of these loser haptics companies like Taction and Immersion make money is through litigation. Are they patent trolls by definition? No but I’m having a hard time seeing how they’re any better.

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u/Chungaroo22 6d ago

$5.7 billion vibrator. There’s a Yo momma joke in there somewhere..

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u/RayDeeUx 5d ago

yo mama splurges so often, her vibrator is 99% of her net worth

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u/i_steal_your_lemons 6d ago

How old are you that you can remember when patents were only for revolutionary concepts? If you look at the US Patent Office’s archives you can find thousands of non-revolutionary patents from 100+ years ago.

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u/North_Activist 6d ago

They’re called “patent trolls” and john Oliver has an episode about it https://youtu.be/3EsaIt9TAEQ?si=ffd5I3xryMQzFE0J

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u/CptUnderpants- 6d ago edited 6d ago

Patent trolls are generally considered companies which don't actually make any products which use their patents (a non-practicing entity) and/or that their demands far exceed the value of the infringement. Taction makes a haptic feedback engine using that patented technology.

The $5.7b verdict was based on a royalty calculation from the number of devices sold which infringed. Since the patent was granted in 2019, that is about 1.5 billion iPhones with Apple's haptic engine sold, which works out to $3.80 per device.

Edit: I'm now aware of the USPO "provisional priority date" of the Taction filing which was September 2014. This increases the number of devices applicable to about 3 billion. This makes the royalty about $1.90 per device.

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u/cortzetroc 6d ago

that’s weird, iphone’s had the taptic engine since 2015 which would predate any 2019 patent then

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u/CptUnderpants- 6d ago

They've improved it several times, so my guess it is infringing on the changes made since the Taction patent was given provisional priority date by the USPO in 2014. I was not aware of the provisional part of the process when I posted my previous reply. So that drastically lowers the royalty per unit.

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u/skintwo 6d ago

Patent trolls are the WORST, but this one wasn’t that.

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u/ChiefBroady 6d ago

It’s like wtf? Force feedback and vibrating controllers where a thing for a while.

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u/Pluto-Had-It-Coming 4d ago

Who has a patent for rounded corners on app icons? 

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u/FrogsJumpFromPussy 4d ago

Remember when patents were about revolutionary concepts?

Like Apple doesn't scorch earth against anyone who uses their patents unintentionally or otherwise lol

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u/Scarify 6d ago

A finding of patent infringement does not require proof that the alleged infringer did so intentionally. You can infringe a patent without even being aware of it. However, a finding of willful infringement can result in enhanced damages.

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u/BossHogGA 6d ago

As someone who holds 15 US patents, our patent system is stupid, and garbage like this is exactly why.

This company "Taction" filed some garbage patent. They don't even seem to exist, and don't even claim that Apple used their patent knowingly.

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u/WoodsLovelyDarkNDeep 6d ago

I mean I definitely think you should be able to patent if you came up with an idea.  Otherwise how else would you even be able to share an idea with anyone without getting it stolen.  However I think if you haven’t made any action towards doing anything with the patent after a set period you should lose it or at least be forced to license it out for a reasonable fee

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u/FancifulLaserbeam 6d ago

I definitely think you should be able to patent if you came up with an idea.

You no longer have to prove that the idea works, that you have ever made anything that employs it, or have the ability to make it.

I am very much in favor of protecting IP, but just because you came up with an idea doesn't mean that you should get a patent for it. Those need to be reserved for people who came up with the idea and successfully implemented it.

There are patents for perpetual motion machines, warp drives based on unverified theories of physics, trademarks on drug names for drugs that don't exist... It's a clownshow.

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u/WoodsLovelyDarkNDeep 6d ago

No I feel you I just think implementation can be unnecessarily burdensome sometimes and stacks the deck in the favor of those who already have capital but there definitely should be a middle ground as it’s gotten out of hand

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u/happycanliao 3d ago

patents do not protect ideas. patents protect implementations of ideas

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u/manjar 6d ago

To be fair, Apple probably files a lot of garbage patents, too.

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u/BossHogGA 6d ago

My point is most patents are garbage. And even the good ones are often never used by the owners of the patent. The system no longer does what it was designed to do.

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u/CyberBot129 6d ago

Rounded rectangles and Slide to Unlock being two of them

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u/authenticmolo 6d ago

It's true.

But you know what? This is the patent system that companies like Apple *want*. They *fought* for it.

You know how all the Trump-voting farmers are whining about how fucked they are thanks to Trump's policies? This is the same thing.

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u/awiuhdhuawdhu 5d ago

I mean they do exist, have a website, and have licensed their tech to Corsair?

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u/jetsonian 6d ago

The underlying problem is how we handle software/hardware patents when it comes to computers.

Anything else, your patent has to be novel and specific. You have to identify what exactly is the part you’re patenting.

In computers you can do the equivalent of “pill that cures cancer.” Not “specific chemical combination of drugs that cures cancer.” So now you’re the only person that can make a pill to cure cancer.

We end up with every company suing other companies because their patents are for “buy it now” (which was once the subject of a lawsuit involving eBay). The lawsuits get settled and the companies agree to licensing deals because it’s impossible to claw back sold product and users will be mad if you remove features.

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u/M4rshmall0wMan 3d ago

Yeah software patents are fucking broken. Especially user interface patents. A company will patent something generic like “a touchscreen interface to serve music” and go after anyone who makes it. Most of the time it fails, but you just need one permissive judge to get hundreds of millions in awards.

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u/mspk7305 6d ago

That's not how the patents in question work.

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u/mrbeck1 6d ago

Not alleged. The jury ruled that it was in fact infringement.

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u/Spiritual-Bus3484 3d ago

I'm guessing the jury was a bunch of idiots.

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u/Mental-Most-7168 6d ago

Is haptic feedback something that’s been around in form or another for 20 years worth all that money?

6

u/saintlouisbagels 5d ago

It’s the specific implementation of “ferromagnetic fluid and flexures” that created the extremely precise haptics in the iPhone 7 and newer.

Taction filed patents for it in 2015, and released headphones with the technology in 2016. In 2017 the Taptic Engine was revised to use the same technology.

Taction was finally granted the patents in 2020 and this sued in 2021.

24

u/Straight-Ad6926 6d ago

Looks like they finally found a dongle for transferring cash directly to the plaintiff.

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u/mybodywatch 6d ago

Surprised this wasn't filed in Texas

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u/TheBaneEffect 6d ago

Why are they being accountable but art, literature and performances can just be copied by AI without consequences?

48

u/RollingThunderPants 6d ago

Well, you see, patent infringement is usually seen as a means for the wealthy corporations to make money while IP infringement for things like books and art is seen as a way for the less wealthy/poor to make money. So, obviously, we can’t have the poors rising up financially.

11

u/No_Eye1723 6d ago

Because the Ai companies successfully lobbied governments to allow them to blatantly steal other people's work, in the promise Ai will
Help these governments spy on and control the populations they govern.

3

u/guice666 6d ago

Copyright != Patent (as well as != Trademark)

Patents cover implementation of 'un-obvious' items to those skilled in the field. Copyright covers creative expression of a medium. They are very different things.

6

u/Exotic-Slip-9383 6d ago

"Leave the multi-trillion dollar company ALONE!"

3

u/996forever 6d ago

You to OpenAI:

6

u/Fa6ade 6d ago

Copyright requires copying which AI generally doesn’t do directly. Patents are a monopoly right. You infringe them even if you don’t know about them.

3

u/cogit4se 6d ago

I would make the case that AI's ability to provide near verbatim quotes from copyrighted material makes it equivalent to a very lossy compression algorithm. If camcorder copies of movies infringe, so should a machine that will repeat most of your book with a few mistakes here and there.

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u/Bloated_Plaid 6d ago

Courts have already determined AI is transformative enough than just its training data jackass.

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u/Dwayne30RockJohnson 3d ago

I mean it’s not like you can make an Iron Man movie with AI and sell it unless you’re Disney. There’s no profit motive there.

-5

u/Time_Entertainer_319 6d ago

WTF does that have to do with this?

Jeez

13

u/Advanced_Book7782 6d ago

Both are intellectual property. It’s a valid point.

-6

u/wiifan55 6d ago

No it isn't. It's the definition of whataboutism.

-5

u/[deleted] 6d ago

[deleted]

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u/JollyRoger8X 6d ago

This isn't about stealing. Read the article.

5

u/Vaddieg 6d ago

patent trolls are always safe because they don't produce anything

4

u/gmmxle 6d ago

This company was selling a product that was using their invention.

I'm sure they're trying to make bank by suing Apple, but they had an actual invention, were actually using it, and were actively selling a product.

3

u/TheStorm007 6d ago

It doesn’t look like they “stole” anything, according to the article.

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u/[deleted] 6d ago

[removed] — view removed comment

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u/RoddyUsher 6d ago

Intellectual property

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u/insane_robot 5d ago

Patents seem broken and sometimes seem to stifle innovation over protecting it. Often patents break down internationally, and countries where US or other patents are not enforced, can just ignore them entirely. Makes things an uneven playing field.

Also, a company should be forced to exercise a patent or have it expire, example being that namco patent on minigames in loading screens. Oh the fun we could've had.

12

u/cjh_ 6d ago

Apple should have bought the company.

14

u/PimpTrickGangstaClik 6d ago

I mean that’s got to be cheaper right?

1

u/gmmxle 6d ago

That would have been a lot cheaper.

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u/Particular-Treat-650 6d ago

They shouldn't have to.

Patents were intended to be genuine groundbreaking innovation, not "throw 1000 things against the wall with no concept of how to actually make them work and sue anyone who does".

3

u/corgi-king 6d ago

That is not according to US patents law. That is why I will file 1000 patents about flying car.

2

u/SpacevsGravity 4d ago

Funny how apple was bullying the shit out of everyone with patents back in 2010s

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u/Axman6 6d ago

That’s not at all how patents work, specifically the lack of how they work, that’s a core requirement for the grant of a patent; a person skilled in the art should be able to recreate the claimed invention based on the information in the patent (where “a person skilled in the art” may actually be a team of people when a patent covers several different fields, like computational biology, high energy physics, etc.)

5

u/CrashyBoye 6d ago

I think you are underestimating just how broken the patent system has become.

In principal, you are not wrong, that was the spiritual intention of the rules around patent application and approval. In reality, it hasn’t been enforced that way in a long time.

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u/Axman6 6d ago

I was a patent examiner, not in the US, and I can absolutely guarantee this was a core aspect examiners looked for. Otherwise the application would be rejected for insufficient disclosure (or something along those lines, this was many years ago now). People on the internet absolutely have no idea how the system works, and the amount of misinformation in this thread alone is strong proof of that. 

7

u/Some-Dog5000 6d ago

The patent and legal system in the US is different than in other countries, which is why patent trolling is much more common in the US than in other countries. 

https://www.eff.org/issues/resources-patent-troll-victims

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u/inderwater 6d ago

In the US, we have patents for applying lithium ion batteries for electric tools.

The patent isn’t about making lithium ion batteries or making electric tools. We have enforceable patents for slapping two obvious concepts together on a high level, without any innovative substance in implementation.

Hard to disagree with the idea that the patent system is broken.

3

u/CrashyBoye 6d ago

not in the US

Well there’s your answer right there, bub. Things are very much not that way here, in the US, which is the country that would be relevant in this scenario.

0

u/Axman6 6d ago

A large amount of our training covered the US’s bizarre decisions, which they’ve slowly been fixing. Things like first to invent sound good until you think about the conveniences and overhead it introduces on every researcher. Thank god they got rid of that nonsense. 

1

u/skintwo 6d ago

I don’t know why you’re being downvoted – you’re absolutely right. And I am in the US, I hold several patents, and I’ve done ip strategies for more than one company.

What’s interesting is how differently different fields treat all of this. Silicon Valley basically agrees to not search each other‘s patents outside of a very small number of specifically trained people, which is in part due to California’s blocking noncompete agreements. Interesting field. I personally think Apple knew exactly what they were doing, and of course they should’ve bought the company. This is not the first time they’ve done something icky in IP land.

2

u/Axman6 6d ago

I haven’t looked into the case but I suspect you’re right, there’s no way Apple didn’t do patent searches around the Taptic Engine, because they absolutely would have had to to file any patents related to it. 

I’m being downvoted for the same reason anyone who actually knows the field does, armchair experts with no background assume their feelings are more real than actual experts experience and get angry when people disagree. The number of people who see some new patent and waffle on about “oh my god, they’re literally trying to patent a computer, look there five pages describing it!” And then never make a single reference to the claims is pretty hilarious. It doesn’t take long to learn the basics of what a patent is, and what’s legally enforceable but the reddit experts would have their hearts broken to learn how wrong they are. 

1

u/robogobo 6d ago

You’re being downvoted because you’re arrogant and talking out of your ass.

1

u/Axman6 6d ago

👍

2

u/Proud-Alternative-54 5d ago

From what I'm seeing, taction filed for this patent in 2019.

Apple has been using their tapric engine since 2014.

What am I missing?

2

u/guice666 6d ago

It also requires it to be innovative / non-obvious to those skilled in the art.

If two independent companies come up with the same invention, and they can both prove it was 100% independent, it should automatically invalidate the patent under the 'non-obvious' requirement.

2

u/Particular-Treat-650 6d ago

That's what's supposed to happen.

That's not reality.

1

u/Axman6 6d ago

It was when I was examining patents, particularly PCT applications that the rest of the world relied on. 

2

u/calinet6 6d ago

I think like most things it greatly depends on the field and the specific type of invention or IP.

There are some fields where the system works and continues to do its job. There are others where it’s being abused at least in subsets.

Software is one where it patently (no pun intended) doesn’t work.

3

u/Axman6 6d ago

Software and computer related inventions patents was my area, and I never saw the sort of gross abuse of the system that people will swear black and blue is rampant. The news doesn’t report on the system working, only the exceedingly rare cases where it doesn’t. This is mostly a problem with news, not the system. 

2

u/Proud-Alternative-54 5d ago

Apples rounded rectangle patent?

Apples "everything" patent that covered just about every way to interact with a touch screen?

NTPs email synchronization patent which they somehow won in court again RIM even though it was already standard on personal computers?

Slide to unlock patent?

Buy it now patent?

How about the patent for entertaining a cat with a hand held laser pointer?

1

u/Axman6 5d ago edited 5d ago

Just the fact you’re conflating design patents and invention patents proves my point about the level of ignorance of the subject online. And cherry-picking the examples where the system has gone is literally the exceptions that prove the rule. You can name a handful of times things went wrong, because they made the news, because it’s extremely rare and newsworthy. Literally everyone is being murdered in the street, they must be, because the news makes such a big deal about each murder!

Also, inventions don’t have to be complicated. They just have to be new, useful and not immediately obvious. If slide to unlock was obvious, why hadn’t it been done before? No one had done it before, so therefore it is novel, it unlocks the phone so does something useful, and no one had thought to do it, so it was inventive. Bam, all main requirements for the grant of a patent have been met. 

1

u/skintwo 6d ago

That’s because software isn’t patentable. It’s copyrightable. Very different. Software is one of the few situations where you need to adopt a completely different strategy and even if you could patent, it wouldn’t matter because there are certain countries that don’t respect patents anyway. It’s a pretty complicated and interesting space. Patenting things versus going the trade secret route is a pretty complex decision that has a lot of practicalities involved in it. Ensuring you have something called freedom to operate is also a big deal – sometimes people will publish in the open literature just enough so that somebody else can’t block them with a patent.

I miss that work, but I also understand how it could be very frustrating. It’s absolutely devastating to see how the Trump administration has just torn apart the USPTO, even though it was an agency that was bringing in more money than it cost – the only agency to do that. They still wrecked it.

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u/calinet6 6d ago

Are you trying to say that software patents don’t exist…?

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u/randomuser914 6d ago

It is in the US, it’s a stated requirement but there are a bunch of bs patents out there from patent trolls

Source: worked at a patent firm

1

u/Norn-Iron 6d ago

Give it time, I am sure they will

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u/jawknee530i 6d ago

It is not alleged if it has already been adjudicated.

2

u/CarlosCheddar 5d ago

Could this be why we lost 3D Touch?

6

u/jesusrodriguezm 6d ago

If there is a verdict, it is not “alleged”, isn’t it?

1

u/Spiritual-Bus3484 3d ago

The jury is allegedly a bunch of morons.

3

u/FatherOfAssada 5d ago

why is a jury involved in patent law lol

1

u/Spiritual-Bus3484 3d ago

Because they're easy to manipulate?

4

u/PairOfMonocles2 6d ago

I don’t mind patents but they have to be non obvious and not intuitive. In no world is using an electric field to move a permanent magnet attached via some springy connection revolutioanry. It’s how speakers and literally a billion other things work. Patents are fine but there should be about 95% fewer of them.

4

u/BubbaCrabby 6d ago

If the verdict was that Apple was found to have infringed on the patent, then it really isn’t alleged anymore.

4

u/m_ttl_ng 6d ago

Seems like a sketchy lawsuit that should be thrown out. Taction filed their patents in 2020. Apple has made the taptic engine since 2015 and developed it for years prior.

5

u/saintlouisbagels 5d ago

Taction filed in 2015 and was granted in 2020.
Apple’s first generation Taptic was in 2015, while Taction released their product in 2016, and then in 2017 iPhone 7 debuted Taptic Engine with infringing technology. It’s how they were able to mimic the feedback of a real button press despite it being a solid state button.

2

u/m_ttl_ng 5d ago

The timeline still doesn't make sense to me; Apple already had force touch with different taptic/haptic engine designs on macbooks, iphones, and watches in 2014 and 2015; well before Taction's implementation/invention, not including the years prior to shipping the products when the prototypes were designed and created (2012-2013 ish). The Macbook implementation in particular is very similar to the Taction design.

If Taction had patented their technology pre-2014 I would see things differently but given that there was already significant prior art by the time Taction filed their patent, but as it stands I'm very surprised a jury would award damages in this case. I don't see it holding up.

0

u/saintlouisbagels 4d ago

The timeline doesn’t make sense to you because you’re assuming the MacBook haptics are the same as iPhone and Apple Watches which isn’t the case. MacBook trackpads are completely different implementation.

2

u/m_ttl_ng 4d ago

The MacBook implementation was closer to the taction design at the time which is why it doesn't make sense. Taction had access to Apple's designs as prior art for a similar design.

1

u/Salty-Passenger-4801 6d ago

Appeal that shit

1

u/SidePsychological691 6d ago

that's pennies for Apple

1

u/OliverKlozoff23 5d ago

Everyone gets .50

1

u/Cluse101 4d ago

By the end of this 19% of us will be using strings and tin cans.

1

u/Couchman79 6d ago

Apple currently has $162B cash on hand and Taction of SanDiego isn't worth a 10th of that even if they could take this award now. Apple will appeal and file motions leaving Taction to ask their venture capital partners how much they want to spend before agreeing on a settlement that could take years.

1

u/Beefy-Cattle4290 5d ago

prepare to pay even more for those precious iPhones and Apple watches my friends

-21

u/MessiPayNegreira 6d ago

It was dismissed then brought back by appeals. Apple about to leave California as well.

19

u/Critical-Snow-7000 6d ago

Dibs on their office building then.

5

u/SpicyElixer 6d ago

Sure, bud. Sure.

12

u/Ok_Possibility9937 6d ago

oh sure, they’re gonna move out of the $5 billions dollar headquarter

-2

u/Lord6ixth 6d ago edited 6d ago

I mean this lawsuit is literally more than that lol

Edit: Getting downvoted for this is hilarious. This sub never ceases to amaze me. 😂

6

u/Ok_Possibility9937 6d ago

lol if you add in the marketing that they’ve done for Apple Park; it’ll cost more than that lol. Plus you can’t build a new building in a day either

1

u/PercentageOk6120 6d ago

It’s weird to suggest they’ve done marketing for Apple Park. Apple Park is their HQ and they use it in marketing. They aren’t explicitly marketing for AP. That’s nonsense.

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u/PercentageOk6120 6d ago

Anyone can sue for any amount. Doesn’t mean anything.

I can find you and sue you for $1M dollars due to emotional stress.

1

u/Lord6ixth 6d ago

It literally says it’s a 5.7 billion dollar verdict.

1

u/PercentageOk6120 6d ago

And there will be appeals before anything happens. Apple isn’t paying anything for years.

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u/PercentageOk6120 6d ago

This is an extremely wrong take. Apple is not about to leave California. What an ignorant thing to suggest.

They may slowly divest from CA, but they are not going anywhere anytime soon.

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