Charter Pacific is pleased with the outcome of the Northern District of California Court decision by Jon S. Tigar, United States District Judge and look forward to commencing proceedings in Germany.
Background
CPC is the owner by assignment of patents covering biometric security for electronic devices. ECF No. 41 at 8. Apple, Inc. is a corporation with its headquarters in Cupertino, California. ECF No. 1-1 at 4. Apple manufactures and sells electronic devices – like iPhones, iPads, and computers – with biometric security technology that Apple calls “Face ID” and “Touch ID.” ECF No. 41 at 8. CPC filed an action in the Western District of Texas against Apple that alleges Face ID and Touch ID, and the devices that contain this technology, infringe CPC’s patents, including U.S. Patent 9,665,705 (’705 Patent) (the “United States Action”). Id. The lawsuit was recently transferred to this district. See CPC Patent Tech. PTY Ltd. v. Apple, Inc., 22-cv-02553-EJD (N.D. Cal.). CPC also intends to file a lawsuit against Apple’s German subsidiary, Apple Retail Germany B.V. & Co. KG (“Apple Retail Germany”), for infringement of the German equivalent of the ’705 Patent. ECF No. 41 at 8.
Conclusion
For the foregoing reasons, the Court grants CPC’s motion for de novo determination of dispositive matter referred to a magistrate judge and sustains CPC’s objection to Judge Cousins’s report and recommendation. ECF No. 36. By January 13, 2023, the parties shall submit a stipulated or competing proposed protective order(s) that include, among other things, provisions addressing the production of source code and requiring CPC to seek permission from Judge Cousins before using any information produced pursuant to the order in Germany.
The Court grants CPC’s Section 1782 ex parte application and orders that CPC’s subpoena duces tecum may be served on Apple following entry of the protective order described above.
Click here to view the Court ruling
Prior releases on litigation
17 November 2022 – Complaint for Patent Infringement
25 August 2022 – Assa Abloy V Charter Pacific
19 May 2022 – Proceedings against Apple Inc. in United States Court of Appeals for the Ninth Circuit