TOT Power Control, S.L. v. Apple, Inc.

On September 14, 2021, TOT Power Control, S.L. (“TOT” or “Plaintiff”), represented by Brian E. Farnan and Michael J. Farnan of Farnan LLP, filed an intellectual property lawsuit against Apple, Inc. (“Apple” or “Defendant”), seeking permanent injunctive relief and damages along with post-judgement interest among other relief for the alleged infringement of the United States Patents owned by the plaintiff. This case was filed in the United States District Court in the District of Delaware.

The plaintiff filed this complaint for the alleged infringement of the United States Patent No. 7,532,865 (the ’865 patent), entitled “Outer Loop Power Control Method and Device for Wireless Communications Systems” and United States Patent No. 7,496,376 (the ’376 patent), entitled “Outer Loop Power Control Method and Apparatus for Wireless Communications Systems” (collectively, “TOT Patents” or “Patents-in-suit”) owned by the plaintiff. 

In the complaint, the plaintiff alleged that, “On information and belief and pursuant to 35 U.S.C. § 271(a), Apple has directly infringed and continues to infringe one or more claims of the ’865 patent, including but not limited to Claims 1 and 5, pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of equivalents.”

The plaintiff also alleged that, “Apple has directly infringed, and continues to infringe, one or more claims of the ’865 patent by among other things, making, using, selling, offering to sell, and/or importing into the United States without authorization certain mobile products (e.g., iPhones, iPads, and Apple Watches) that contain components which practice the invention claimed in the ‘865 patent (the “Apple Accused Products”).”

Further, the plaintiff alleged that, “Apple’s infringement of the ‘865 patent has been knowing, deliberate and willful. TOT disclosed the invention claimed by the ‘865 patent to both Intel and Qualcomm at different times between 2005 and 2014, and the invention has been so well publicized in the industry generally that Apple knew that the wireless transceivers it incorporated into the Apple Accused Products infringed the TOT Patents or should have known that its use of the wireless baseband processors constituted an unjustifiably high risk of infringement.”

Similar allegations have been made by the plaintiff with reference to the infringement of other Patents-in-suit. 

There are two claims for relief laid down by the plaintiff, one for the infringement of each of the Patents-in-suit.

In the prayer for relief, the plaintiff has requested the court for permanent injunctive relief and declaratory relief. The plaintiff also requested the court for an award for damages arising out of Apple’s infringement of the Patents-in-suit, including supplemental damages for any continuing post-verdict infringement up until entry of the final judgment, with an accounting, as needed, and enhanced damages pursuant to 35 U.S.C. § 284, together with prejudgment and post-judgment interest. The plaintiff also requested the court for treble damages and damages for post-verdict infringement along with an award for an ongoing royalty and costs and any other relief the court deems just and proper.

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