Fallout from 2010 patent litigation case

Nuevas Tecnologias y Engergías Catalá (NT-K) has filed charges against Apple in Spain, alleging that the company went too far in its ultimately-unsuccessful 2010 patent litigation and crossed the line into extortion, FOSS Patents reports. The company, which manufactures its own Android-based tablet with a familiar look, won a case brought against it by Apple accusing the company of counterfeiting, but did suffer a short-term customs ban.

Spanish criminal law varies significantly in some areas to US law, and work by Florian Mueller in translating the Spanish court documents suggests that Apple did not actively litigate the counterfeiting claim beyond its initial complaint, meaning it could re-assert its design rights in a future case. However, Apple did file a criminal complaint in November 2010 saying that NT-K's Android tablet copied the iPad's design. Although the NT-K tablet is longer and not the same size as the iPad, it does very noticeably copy the black bezel, metal framing and home button design of the original iPad among other elements.

The court granted an initial customs ban, resulting in seizure of the tablets as they arrived from China. NT-K won a complete dismissal of the case a year later, and has attempted to use that victory to file suit in August, asking for financial damages from the episode. The new case goes further, claiming that Apple's initial complaint of counterfeiting was so aggressive as to be considered extortion.

Mueller expresses some doubt about the viability of the claim, though he agrees that Apple's actions were initially aggressive and improperly handled. Mueller believes NT-K may, at worst, have been guilty of a design infringement, which should be handled through civil court rather than via criminal charges.

Both companies have rights to threaten legal action against the other without it being considered extortionist. The basis of the extortion complaint -- that Apple sought to enrich itself by preventing NT-K from selling the tablet -- is considered weak and has itself a good chance of being dismissed.

NT-K says it will publish documentation between the two companies next week. [via Florian Mueller]

By Electronista Staff