Texas resident Mark Kilbourne has filed a lawsuit against Apple in Southern Texas for selling the HomeKit-enabled August Smart Lock.
The complaint claims that the August Smart Lock infringes upon his patented Remotizer keyless entry system for existing deadbolt locks. For selling the product, Apple is somehow being solely targeted here rather than August.
Kilbourne allegedly submitted a Remotizer app for iPhone for review around September 2014, but Apple said it was unable to continue with the process because it needed the associated hardware to fully assess the app.
"We began review of the app but are not able to continue because we need the associated hardware to fully assess your app features," read Apple's email response, according to the complaint. It appears Kilbourne never complied.
Both the Remotizer and August Smart Lock are electronic systems for remotely opening and closing a preexisting deadbolt lock without a key. Both products allow homeowners to keep their existing exterior door hardware and replace only the interior side of most standard deadbolts.
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35 U.S. Code § 271 - Infringement of patent
whoever ('https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=35-USC-1321823708-411717092&term_occur=1&term_src=title:35:part:III:chapter:28:section:271') without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
Also “makes, uses, offers to sell or sells” could be seen as a list of requirements that all need to be done. For example if I use an iPhone that infringes on a patent am I personally liable for compensation? According to you and your definition I am!