[Ip-health] Apple obtains compulsory license on patents owned by WARF, by District Court Judge in Wisconsin | Knowledge Ecology International

Jamie Love james.love at keionline.org
Thu Jun 8 09:22:19 PDT 2017


http://keionline.org/node/2803

Apple obtains compulsory license on patents owned by WARF, by District
Court Judge in Wisconsin

On June 6, 2017, Judge William Martin Conley, a United States District
Judge of the United States District Court for the Western District of
Wisconsin, issued a compulsory license allowing Apple Computers to use a
patent it had infringed, owned by the Wisconsin Alumni Research Foundation
(WARF), in return for an ongoing royally. Apple was found to infringe U.S.
Patent No. 5,781,752, titled "Table based data speculation circuit for
parallel processing computer. WARF asked for a permanent injunction to
prevent future infringement. The court rejected the injunction, but awarded
WARF an ongoing royalty.

The case was Wisconsin Alumni Research Foundation v. Apple, Inc., Case:
3:14-cv-00062-wmc, (W.D. Wis., June 6, 2017). A copy of the opinion and
order is available here.

The relevant part of the order was as follows:


IT IS ORDERED that:
. . .

3) Plaintiff’s motion for equitable relief (dkt. #683) is GRANTED IN PART
AND DENIED IN PART. Plaintiff’s motion for a permanent injunction is
denied, but its motion for an award of an ongoing royalty is granted. The
going royalty rate is set at $2.74 per unit.
. . .

Apple is likely to appeal the royalty.

As an aside, the patent in the case includes a declaration of public rights.

Government Interests
This invention was made with United States government support awarded by
the following agencies:
ARPA Grant No. DABT63-95-C-0127;
ONR, Grant No. N00014-93-1-0465; and
NSF, Grant Nos.: CCR-9303030 and MIP-9505853.
The United States has certain rights in this invention.



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