Apple is now embroiled in yet another court battle over alleged patent infringement, this time with a company called Voip-Pal.
Voip-Pal.com officially announced today that it is bringing official charges against Apple for upwards of $2.8 billion in damages over alleged infringement of its patented internet communications technologies. The company says it came to the total through a 1.25 percent royalty rate based on an appointment of Apple’s estimated historical profit from its varying products. Specifically, Voip-Pal says it calculated total of 55 percent for the iPhone, 35 percent for the iPad, and 10 percent for the Mac.
As it stands right now, Voip-Pal has over a dozen patents in one stage or another, from issued or pending patents, with the majority of those patents focused on Voice-Over Internet Protocol technologies. Voip-Pal says Apple is infringing on some of those patents with products like iMessage and FaceTime.
“In particular, devices running the iMessage application initiate a communication between a caller and a callee. The callee may be an Apple subscriber or a non-subscriber. In the case that the callee is an Apple subscriber, the communication is sent using iMessage. On the other hand, if the user is not an Apple subscriber or if iMessage is not available, the communication is sent using SMS/MMS. Apple’s messaging system directly and/or indirectly practices certain claims of the ‘815 patent in order to determine the classification of a user, and, subsequently, how the call should be routed.”
Interestingly enough, Voip-Pal has had these allegations lingering in the court system since February 9 of this year. However, the company confirmed that it has been held in conversations with Apple outside of the court system for quite some time, and only decided to bring the charges against Apple recently, despite apparently still being open to the idea of selling, or licensing, its patent portfolio.
Voip-Pal says it’s not a “patent troll,” despite the fact it’s a company that currently does not generate any income, and yet still calls itself a “technical leader in the broadband VoIP market.” It is also worth noting that Voip-Pal has levied similar patent infringement charges against AT&T and Verizon Wireless in the same U.S. District Court in Las Vegas, Nevada.[via MacRumors; Yahoo! Finance]