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.
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.
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