Apple on Tuesday filed a notice of appeal in its copyright infringement lawsuit against Corellium, a case that was partially settled last week.
Filed with the U.S. District Court for the Southern District of Florida, the notice appeals to the Court of Appeals for the Eleventh Circuit a final judgment entered into the docket earlier today regarding Apple's claims of copyright infringement.
Specifically, the appeal targets a summary judgment (now part of the final judgment) reached in
December 2020. At the time, U.S. District Court Judge Rodney Smith ruled in favor of Corellium and against Apple on the tech giant's claims of direct infringement.
"Weighing all the necessary factors, the Court finds that Corellium has met its burden of establishing fair use. Thus, its use of iOS in connection with the Corellium Product is permissible," Judge Smith wrote in December.
Apple is able to appeal the ruling only as it relates to injunctive relief, leaving the door open for a ruling that would force Corellium to shut down its iOS and iTunes virtualization product.
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