Apple facing iTunes patent claim

Apple has been sued in a patent lawsuit surrounding video streaming services used in its iTunes software and mobile operating systems.

OpenTV, a subsidiary of media company the Kudelski Group, filed the claim on Tuesday (May 5) at the US District Court for the Central District of California.

The media company has alleged that Apple infringed five US patents covering technology used to access and store films and videos on devices including iPhones and laptops.

According to the complaint, OpenTV said Apple’s recent success from its “vast line” of products and services has come years after core technologies used in them were developed by others, including OpenTV.

OpenTV also claimed Apple should have been aware of the patents asserted in the case because Apple is “active” in the intellectual property market, regularly buying and selling patents.

The Kudelski Group acquired OpenTV in 2010. In the deal it acquired the rights to OpenTV’s IP portfolio, which includes more than 1,000 patents.

OpenTV has requested damages and that the judge rules that the case is treated as exceptional.

Under US law, if a case is ruled to be exceptional then the infringing party must pay the legal costs of the plaintiff.

The lawsuit follows a recent claim filed by licensing company Smartflash that said Apple’s iTunes software “wilfully” infringed three of its patents.

In February, the US District Court for the Eastern District of Texas ruled in favour of Smartflash and awarded it $532.9 million in damages.

Smartflash has since asked the district court to triple that award.

Neither Apple or OpenTV responded to a request for comment on the current case.