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Apple playlist patent suit winner hits replay for repay

Personal Audio, the company that won $8 million in damages from Apple earlier this month, has gone back for seconds, saying Apple is infringing on one of its patents with a number of its portable products.

patent illustration

Personal Audio, the company that was awarded $8 million in damages from Apple in patent infringement ruling earlier this month, has come back with a new lawsuit taking aim at additional Apple products it says infringe on the same intellectual property.

In a suit filed today in the U.S. District Court for the Eastern District of Texas, picked up by patent tracking blog FOSS Patents, Personal Audio alleges that Apple's sixth-generation iPod Nano, fourth-generation iPod Shuffle, fourth-generation iPod Touch, iPhone 4, and iPad 2 all infringe on the company's patented audio technology. Personal Audio is seeking additional damages for this group of products, which were not included in its first lawsuit.

"The jury instructions given by the Court specifically instructed the jury to disregard any evidence that Personal Audio was entitled to damages relating to products not accused in that litigation," Personal Audio wrote in today's filing. "Furthermore, the verdict form instructed the jury to award damages only for the conduct the jury found to infringe. Consequently, the damages award issued by the jury on July 8, 2011, does not cover any other products."

By that logic, Personal Audio says this handful of other allegedly infringing Apple products that were not included in the original case, still violate its IP in the same way as the others and should now be included.

Apple did not immediately respond to a request for comment about the suit.

Personal Audio is a nonpracticing entity--meaning it licenses patents but doesn't actually have any other business. The group filed its first case back in 2009 seeking $84 million in damages, alleging that Apple was violating two of its patents: US patent No. 6,199,076, "Audio program player including a dynamic program selection controller" and No. 7,509,178, "Audio program distribution and playback system." Today's suit targets Apple for infringing on just the '076 patent.