Apple’s patent infringement suit against makers of unlicensed accessories for the company’s iPod, iPhone and iPad devices can proceed, a federal judge ruled yesterday, reports “Bloomberg” (http://macte.ch/5Pej8).
In July 2010 Apple sued eForCity Corp. and six other companies (Accstation, Itrimming, Everydaysource, United Integral, Crayzondigital and Boxware) in the California Northern District Court in San Jose, California, for infringing nine patents. Most defendant companies are related and are located in El Monte, California, according to court papers.
Apple said in its complaint that the companies weren’t participants in its “Made for iPod” program, and were producing products of “inferior quality and reliability, raising significant concerns over compatibility with and damage to Apple’s products.” The infringement case stands, despite eForCity’s argument that it was procedurally improper. U.S. District Judge Jeremy Fogel said Apple properly stated its claims in its complaint.
eForCity Corp. countersued Apple in January 2011, asking the court to declare that its sales of various earphones don’t infringe Apple’s Patent Nos. D589,491, D469,753, D596,616, and D515,070. The lawsuit was filed after Apple’s attorneys sent a cease and desist letter accusing eForcity of also infringing Apple’s copyrights by using iPad images allegedly copied from Apple’s website.
— Dennis Sellers