Officials at Boston University have filed a lawsuit against Apple, Inc. In the lawsuit, the University asks that a federal court ban the sale of various Apple products.
The lawsuit claims that Apple has infringed on a 1995 patent filing. Among the devices named in the lawsuit are the Apple iPhone 5, iPad, and MacBook Air.
Filed in Massachusetts federal court trustees at Boston University claim that Apple products contain a gallium nitride thin film semiconductor device” that is still under patent protection.
The patent was applied for by Professor Theodore Moustakas in 1995 and expires in 2015. The patent describes a product that uses nitrogen to prepare a type of film that is “a potential source of inexpensive and compact solid-state blue lasers:”
It’s not clear at this time if Apple will attempt to fight the patent or work out a royalty settlement with Boston University. Because the patent does not fall under general use, it is not likely that a judge will issue a FRAND ruling that would greatly reduct any per device claims set forth by Boston University.
Officials at Boston University are seeking in injunction that would ban the sale of the Apple products that use its technology. Lawyers for BU are also asking for an accounting of Apple’s profits. Based on that request, it appears that Boston University will go after Apple’s earnings from the last several years.
Here is an image of Boston University patent:
It’s still not clear why Boston University officials decided to wait so long in filing their lawsuit against Apple.
Here is the full court filing:
Do you think the Boston University lawsuit will lead to a big financial victory for the school?