Texas resident Mark Kilbourne has filed a lawsuit against Apple in Southern Texas for selling the HomeKit-enabled August Smart Lock.

august remotizer
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.


August's Smart Lock is compatible with Apple's HomeKit platform for locking and unlocking with Apple's Home app and Siri.

Kilbourne is seeking an award of unspecified damages and legal costs, and he wants Apple to stop selling the August Smart Lock, according to the complaint. The lawsuit is rather humorous given that it should probably be targeted at August Smart Lock, so we'll see how far this one goes before getting tossed out.

Top Rated Comments

stopthenonsense Avatar
95 months ago
"Apple is somehow responsible by association for selling the product"

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.
You have to notify the company selling the product that it infringes on a patent before you outright sue them. No company can possibly be expected to know if a product they are selling is in violation of a patent.
Score: 4 Votes (Like | Disagree)
cmaier Avatar
95 months ago
"Apple is somehow responsible by association for selling the product"

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.
Score: 3 Votes (Like | Disagree)
PoppaKap Avatar
95 months ago
His attorney

Score: 3 Votes (Like | Disagree)
Joe Rossignol Avatar
95 months ago
"Apple is somehow responsible by association for selling the product"

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.
I've changed that to: "For selling the product, Apple is somehow being solely targeted here rather than August."
Score: 3 Votes (Like | Disagree)
cmaier Avatar
95 months ago
I've changed that to: "For selling the product, Apple is somehow being solely targeted here rather than August."
Complaint against august may still be coming, or august may not have sufficient presence in southern district texas to allow it to be sued there.
Score: 2 Votes (Like | Disagree)
cmaier Avatar
95 months ago
You have to notify the company selling the product that it infringes on a patent before you outright sue them.
No, you most certainly do not.
Score: 2 Votes (Like | Disagree)

Popular Stories

iOS 18

Apple Expected to Release iOS 18.3 Next Week With These New Features

Thursday January 23, 2025 6:41 am PST by
iOS 18.3 should be released to the public next week, following beta testing since mid-December. While the software update is a relatively minor one, it still includes a handful of new features, changes, and bug fixes for iPhones. Below, we recap everything new in iOS 18.3. Notification Summary Changes Examples of inaccurate Apple Intelligence notification summaries Apple Intelligence...
iOS 18

5 New Things Your iPhone Can Do in iOS 18.3

Friday January 24, 2025 1:55 am PST by
Apple is set to release iOS 18.3 next week, bringing further refinements to Apple Intelligence features, a couple of neat new capabilities to iPhone 15 Pro and iPhone 16 devices, and bug fixes. While not quite as packed with new features as Apple's preceding iOS 18 point releases, iOS 18.3 still introduces capabilities that aim to make your iPhone smarter and more intuitive. Below, we've...
Generic iOS 18

iOS 18.4 Beta Coming Soon With These New Features for Your iPhone

Friday January 24, 2025 8:16 am PST by
iOS 18.3 is expected to be widely released next week, and that means the first iOS 18.4 beta for iPhones should be just around the corner. Apple has previously implied that iOS 18.4 will be released in April, as that is when it promised to make Apple Intelligence available in even more languages. Below, we outline what to expect from iOS 18.4 so far. Apple Intelligence for Siri Siri ...
Apple Pay Walmart Feature

Walmart Stands Firm on Why It Doesn't Accept Apple Pay in the U.S.

Thursday January 23, 2025 7:32 am PST by
Walmart still does not accept Apple Pay or other NFC payments at its more than 4,600 stores across the U.S., and it stood firm on its reasoning for that today. A spokesperson for Walmart today informed MacRumors that its position on contactless payments has not changed since we last reached out about the matter in 2022. The big-box retailer said it remains focused on its own convenient...
apple tv 4k new orange

New Apple TV Launching This Year With These New Features

Wednesday January 22, 2025 6:01 pm PST by
A new Apple TV is expected to be released later this year. In this article, we recap rumored features and changes for the device. The next Apple TV will be equipped with Apple's own combined Wi-Fi and Bluetooth chip, according to Bloomberg's Mark Gurman. He said the chip supports Wi-Fi 6E, which would be an upgrade over the current Apple TV's standard Wi-Fi 6 support. Wi-Fi 6E extends the...
iOS 18

Here Are Apple's Full Release Notes for iOS 18.3

Tuesday January 21, 2025 4:31 pm PST by
Apple provided developers and public beta testers with the release candidate version of iOS 18.3 today, and with it comes release notes confirming what's new. While we knew about several of the features that are in the update, there are some lesser known tweaks and bug fixes. The update adds new Visual Intelligence features for iPhone 16 models, it tweaks Notification summaries on all...
iPhone 17 Pro Dual Tone Horizontal Single Feature

Kuo: iPhone 17 Models Won't Have Smaller Dynamic Island

Friday January 24, 2025 9:09 am PST by
The upcoming iPhone 17 models that Apple plans to release this year will not feature a smaller Dynamic Island, Apple analyst Ming-Chi Kuo said today. On social media, he said that he is expecting the size of the Dynamic Island to remain "largely unchanged" across the iPhone 17 lineup. His statement is contrary to prior rumors that we've heard about planned changes for the iPhone 17 models. ...
iPhone 16 Apple Store Levels

Gurman: Apple Stores Receiving 'Merchandise' Updates Next Week

Saturday January 25, 2025 5:07 pm PST by
Apple's retail stores will be rolling out "merchandise/floor marketing updates" next week, according to Bloomberg's Mark Gurman. Gurman did not explicitly say if the store updates are related to any upcoming product announcements, but he did mention that next week is around the time that Apple rolls out its annual Black Unity watch band for the Apple Watch. In each of the past four years, ...
apple power beats pro 2

Apple's First Product Announcement of 2025 is Imminent

Thursday January 23, 2025 2:48 pm PST by
It's also time for Apple's first product announcement of the year. Last year, Apple said it would be launching Powerbeats Pro 2 in 2025, and the wireless earbuds are expected to launch very soon. Powerbeats Pro 2 images found in iOS 18 code In his Power On newsletter last weekend, Bloomberg's Mark Gurman said the Powerbeats Pro 2 are "due imminently." In addition to Apple filing the...