Man sues Apple over iPad Smart Cover

posted by Charlene S. / Apr 27, 2012, 3:14 PM

The United States Patent and Trademark Office may have granted Apple a design patent for its iPad Smart Covers yesterday, but a Colorado man is claiming Apple’s popular iPad accessory violates a utility patent he already owns.

Jerald Bovino of Aspen received a patent in 2005 for a “Portable Computer Case.” The claim cites that Apple’s Smart Covers feature a “rib” that is detailed in and protected by US patent 6,977,809. Both Bovino’s case and Apple’s magnetic covers feature ribbed designs, but it seems that Bovino’s complaint revolves around the function rather than the design element.

A few of the Bovino’s claims from his patent filing are:

A portable computer comprising: an openable case defining an exterior surface for holding the computer; and a plurality of resilient ribs positioned on said exterior surface of said case wherein said resilient ribs protects said computer from wear and tear during the transporting and use of the computer.

The computer of claim 1 wherein the resilient ribs are comprised of a material selected form the group of rubber, urethane or nylon.

The computer of claim 1 wherein said plurality of resilient ribs are positioned on the case in locations to absorb impacts that can effect the operation or functioning of the computer.

A portable computer comprising: an openable case defining an exterior surface for holding the computer; a plurality of resilient ribs positioned on the exterior surface of said case, and a resilient material positioned on at least a portion of the exterior surface of the case, the resilient material and resilient ribs protect the computer form wear and tear during the transporting and use of the computer.

It remains to be seen what kind of chance Bovino stands against the Cupertino giant, especially considering Apple is constantly involved in patent disputes around the world and is more or less a pro in the intellectual property arena.

source: USPTO & paidContent

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16 Comments

1. nnaatthhaannx2

Posts: 820; Member since: Oct 19, 2011

I hope he wins. ...and first.. by the way..

posted on Apr 27, 2012, 3:18 PM 22

4. itiswhatitis

Posts: 423; Member since: Jan 23, 2012

i wish i could tumb you up and down but since i couldn't i tumb u up instead!

posted on Apr 27, 2012, 3:30 PM 1

7. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

I also hope that he will win. So who is now copycat??? :)

posted on Apr 27, 2012, 4:31 PM 6

2. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

It is going to be a stretch for Bovino to prevail. If he had patented a detachable cover that was connected to the case of the computer by at least two magnetic attachment points, it would be a completely different matter. Of course, there would be the inevitable challenges based on prior art, but that is another issue.

posted on Apr 27, 2012, 3:20 PM 1

3. MAS10X

Posts: 38; Member since: Jul 26, 2011

Sorry man, I pressed thumb down by mistake

posted on Apr 27, 2012, 3:29 PM 0

5. MEeee

Posts: 383; Member since: Oct 19, 2011

Did Apple Just ‘Borrow’ The Smart Cover Idea From Incase? http://technologer.net/2011/03/03/did-apple-just-borrow-the-smart-cover-idea-from-incase/

posted on Apr 27, 2012, 3:31 PM 3

6. shadowcell

Posts: 300; Member since: Mar 28, 2012

I remember when they introduced this "case" and could have sworn Apple just bough the patent rights from them and just renamed the patent but I'm guessing not.

posted on Apr 27, 2012, 3:57 PM 0

8. jimjam unregistered

It is a cover not a case. Sorry.

posted on Apr 27, 2012, 4:49 PM 0

9. taco50

Posts: 5506; Member since: Oct 08, 2009

Apple will smash this guy in court.

posted on Apr 27, 2012, 5:39 PM 4

12. nnaatthhaannx2

We need positive thinking!

posted on Apr 27, 2012, 7:38 PM 3

13. PhoneArenaUser

Don't be so sure, in the past Apple already has lost some cases against individual people. So, maybe...

posted on Apr 28, 2012, 2:56 AM 2

10. JeffdaBeat unregistered

I kind of see why he brought this case on...but it seems like he is more angry about the design and not the function. The ribs in the SmartCover is for it to fold, not so much for extra protection. But I'm not a patent lawyer. I just don't think this guy has a case.

posted on Apr 27, 2012, 5:48 PM 2

11. networkdood

Posts: 6330; Member since: Mar 31, 2010

The guy should settle out of court - make APPLE purchase a Samsung Galaxy Note and a SG3 for him....

posted on Apr 27, 2012, 6:59 PM 6

14. PhoneArenaUser

He could ern more money from his patent than any other phone cost!

posted on Apr 28, 2012, 2:57 AM 1

15. Sangeet

Posts: 232; Member since: Apr 21, 2012

Who the hell cares where the idea came from, the only thing that matters for me is that the smart cover is a very good thing which protects the ipad screen and also eing functional. Let people say whatever they want to but only ipad made this thing extremely useful not those patents which were getting trashed in the patent files. why just make a patent and let is stink, why not use use it and make it functional