The U.S. Supreme Court on Monday declined to hear a bid by Apple and Broadcom to revive their challenges to Caltech data-transmission patents. The companies had argued that they should have been allowed to raise the patent challenges during a trial in which they were found to have infringed Caltech’s patents.

The Federal Circuit had ruled against Apple and Broadcom, saying that they had failed to raise the patent challenges during earlier proceedings at the U.S. Patent and Trademark Office. The Supreme Court’s decision to not hear the case means that the Federal Circuit’s ruling will stand.
The case began in 2016, when Caltech sued Apple and Broadcom, alleging that their use of Broadcom Wi-Fi chips in iPhones, iPads, and Apple Watches infringed Caltech’s patents. A jury found in favor of Caltech, awarding the university $837.8 million in damages against Apple and $270.2 million in damages against Broadcom.
However, the U.S. Federal Circuit overturned the jury verdict, finding that the damages award was excessive. The court also upheld the trial judge’s decision to block Apple and Broadcom from arguing that the patents were invalid because they could have made the arguments in their petitions for USPTO review of the patents.
Apple and Broadcom appealed to the Supreme Court, arguing that the Federal Circuit had misread the law. They said that the law only blocks arguments that could have been raised during the review itself, not during earlier proceedings at the USPTO.
The Supreme Court declined to hear the case, meaning that the Federal Circuit’s ruling will stand. Apple and Broadcom will now have to face a new trial on damages, and they may also have to pay Caltech’s legal fees.
The case is a reminder of the importance of carefully considering patent challenges before going to trial. If Apple and Broadcom had raised their patent challenges earlier, they may have been able to avoid the jury verdict and the subsequent appeals.
The case is also a reminder of the Supreme Court’s reluctance to hear patent cases. The court has only heard a handful of patent cases in recent years, and it is likely to continue to be selective in the cases that it chooses to hear.
The case will now go back to the district court for a new trial on damages. Apple and Broadcom will have the opportunity to present new evidence and arguments, and Caltech will have the opportunity to respond. The jury will then decide how much money, if any, Apple and Broadcom owe Caltech.
MacDailyNews Note: The case is still pending, so it is not clear how much money, if any, Apple and Broadcom will ultimately have to pay Caltech.
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