First $350 Billion Patent Infringement Suit? Apple, IBM, and 32 Others Sued in EDTX


Plaintiff Mers Kutt Files $350 Billion Patent Infringement Suit in EDTX

Apple, IBM, Scotia Bank, ARM Holdings, Samsung, Intel, Nvidia, Microsoft, Google, and Others Sued for Patent Infringement

In what could be one of the largest patent infringement lawsuits in the Eastern District of Texas history, pro se Plaintiff Mers Kutt has filed a 64-page patent infringement lawsuit apparently alleging $350 billion in damages against Apple, IBM, Scotiabank, ARM Holdings, Samsung, Intel, Nvidia, Microsoft, Google, Hewlett Packard, Qualcomm, HTC, Nokia, Lenovo, Acer, Asustek, Dell, Sony, Toshiba, Verizon, Sprint, AT&T, T-Mobile, Amazon, eBay, Blackberry, Research in Motion, Best Buy, JP Morgan & Chase, among others.

Download the Mers Kutt v. Apple et al. Complaint.

As alleged in the opening paragraphs of the complaint:

1. This is an extremely unique and a vitally important historic case that began as a typical patent case when filed in 2004 against Intel Corporation at the Eastern District Court in Alexandria, Va. by ALL Computers Inc. ( ALL ), the third company founded by plaintiff Mers Kutt. It addressed the defendant s infringement and/or inducement of and contribution to others to infringe US patent 5,506,981 ( 981 ).

2. The damages committed in this case far exceed typical patent infringement damages partly because it also addresses violation of antitrust laws, breach of agreements, obstruction, and theft.

3. We have 3 major items in this case which are also relevant to the large damages. a. the original Patent Infringment;

b. the original now expanded causes of action and related damages; c. Criminal actions which are a high priority because timely rulings

may prevent 1 or more serious world disasters.
4. All damages sought in this case relate only to the defendants in this case however are very large

damages as almost 7 billion products worldwide include the patented ’981 technology typically as part of the ALL Supercharge PC. Further, they are easily detected as without the technology in the ALL Supercharge PC, the product will run 30 times slower. If it already had ALL Chargecard installed, for a 3GHz rated microprocessor chip, the remaining 2.5GHz will be added to reach and then continually run at the rated 3.0GHz frequency.

5. The 34 defendants that are active in both the computer and world markets are herein referred to as giant companies’

Infringement of U.S. Patent No. 5,506,981 and U.S. Patent No. 5,450,574 Equal to $350 Billion in Damages?

The complaint appears to assert infringement of U.S. Patent No. 5,506,981, entitled “Apparatus and method for enhancing the performance of personal computers” (the "981 Patent") and U.S. Patent No. 5,450,574, entitled “Apparatus and method for enhancing the performance of personal computers (the " '574 Patent"). The complaint includes a claim construction and a detailed analysis of the damage claim, which appears to total nearly $350 billion.

For more insights on patent infringement litigation, see our Intellectual Property Litigation Overview and our Patent Litigation Local Counsel pages.

Sign up for and explore our content and thought leadership here.

About the Firm:

Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.

The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, and transactional law).