HTC still has a chance after losing ITC ruling to Apple

HTC still has a chance after losing ITC ruling to Apple

Summary: Apple secured another victory over an Android mobile OEM foe, but there might not be a loser in this battle after all if HTC does its homework.

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TOPICS: Legal, Apple, HTC, Mobility, Telcos
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Apple has won another battle over patent infringement on mobile devices. This time the loser is HTC, but there may be away for this mobile device manufacturer to get around the mess.

According to the latest ruling from the United States International Trade Commission, HTC infringes upon "data tapping patents," which covers platforms that takes formatted data to basic documents for sharing and integrating that data on other applications.

Thus, the ITC has ruled in favor of banning HTC-made Android products that include this feature. But if that feature is dropped or revamped in some way, then the ban doesn't really do anything for Apple.

FOSS Patents' Florian Mueller explains that there is some wiggle room for both HTC and Google here if they act quickly:

If Google can implement this popular feature, which users of modern-day smartphones really expect, without infringing on the two patent claims found infringed, this import ban won't have any effect whatsoever.

Otherwise HTC will have to remove this feature, which would put HTC at a competitive disadvantage as compared to other smartphone makers, including other Android device makers.

If/until that happens, the ITC is waiting until April 19, 2012 to instill the ban in order to provide a transition period for U.S. carriers.

After that, HTC customers won't be abandoned entirely as the ITC is allowing HTC to import refurbished devices for serving as replacements under warranty or insurance until December 19, 2013.

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Topics: Legal, Apple, HTC, Mobility, Telcos

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  • RE: HTC still has a chance after losing ITC ruling to Apple

    So Apple knows they cannot compete against the Android based handsets and their choice is to find little patents that they can use to Limit Android.

    I think they really need to remember these things do come back to haunt them!
    slickjim
    • RE: HTC still has a chance after losing ITC ruling to Apple

      @Peter Perry... Oh what crap. Apple like any other company has an obligation to protect it's IP through litigation on patents. This is also why companies like Nokia, MSFT, Motorola, Nikon, all sue each other when they believe the other company has infringed on their patent.

      It is a civil matter, and in most cases, the matter is usually settled outside of court with some undisclosed cross licensing deal, because often in the end it is cheaper to settle with a cross licensing deal than it is to litigate it. Often time the whole litigation processes is just a means for the party with the better patent portfolio to get better licensing terms.

      None of this has anything to do with Karma or things coming back to haunt them.
      Snooki_smoosh_smoosh
      • RE: HTC still has a chance after losing ITC ruling to Apple

        @Snooki_smoosh_smoosh

        "Apple like any other company has an obligation to protect it's IP through litigation on patents" - So Apple is protecting "their" IP, which is effectively the equivalent to hyperlinks. WOW, never knew Apple was the inventor of the hyperlink. Have you even bothered to research this patent the slightest bit before given your biased remark, fanbois?

        What Apple is doing is attempting to subdue competition through worthless patents issued by an uninformed patent office. This patent should not have ever been issued considering its relation to prior art. (BTW, Apple did NOT invent the hyperlink; they just managed to convince the patent office they invented the equivalent of it.)
        NetAdmin1178
    • RE: HTC still has a chance after losing ITC ruling to Apple

      @Peter Perry
      Yeah they can't compete...Your right 200+million IOS devices. You sir are a moron.
      johnsuarez10
      • RE: HTC still has a chance after losing ITC ruling to Apple

        @johnsuarez10
        Thats a lot of devices! Its no wonder their market share is so high in smartphones!... wait...errrr...3rd place...nevermind
        gbrowerjr
  • apple is doomed!

    The people are rising and exposing the con artists from apple the same as they expose M$ FUD: http://techrights.org/2011/12/19/microsoft-infiltrators-vs-gpl/
    The axis of evil software has its days numbered!
    The Linux Geek
    • RE: HTC still has a chance after losing ITC ruling to Apple

      @The Linux Geek My guess is that Apple and Microsoft are colluding to try to take out Android. They're worried about Android's meteoric success and doing anything they can to slow it down. Funny how we don't see Apple suing Skype for the same patent violation.<br><br>Also funny how only one of four patents even had any merit in this lawsuit. Apple should have to pay HTC for them having to defend against the three bogus claims. The surviving patent will get thrown out due to prior art, just like BT's hyperlink patent did a decade ago. <br><br>Apple should wash their hands clean of these patent lawsuits before they soil their name too much. This is an ugly road they're going down. They should have learned a lesson when iPhones and iPads got banned in Europe recently. If the patent suits don't stop soon, it's going to go thermonuclear.
      K B
  • We've constantly been told that only Samsung is in Apple's sights

    The Apple fanbois continually tell us that only Samsung needs to be banned and that Apple cares deeply about competition, it just wants to ban Samsung because only Samsung slavishly copied Apple.

    Last I checked HTC was not Samsung and yet Apple has successfully banned HTC.

    Apple will clearly not rest until they've banned the products of every single competitor. A lot of Apple fanbois look very foolish today with this announcement. They've been caught in their own lie.
    toddybottom
    • RE: HTC still has a chance after losing ITC ruling to Apple

      @toddybottom
      You will know Apple has banned all other competitors through the courts or anti-competitive means when they have 90%+ of the market share. And you'll know Apple fanbois exist if people continue to support them despite having 90%+ market share and being proved in courts to be an illegal monopolist.

      Funny that's kind of like you and Windows.
      anono
  • Apple is just TOYING with them

    even before the monster selling 4S Apple already makes 50-66% (depending which analyst you quote) of the world's cell phone profits of the top 8 makers. And that includes both smart and dumb phones. So Apple already makes near twice all the Androids, Blackberries, Win , Nokia etc smart phones PUT TOGETHER.<br><br>(and that's not even counting iPad, iAd, App store etc revenues)<br>Apple makes 50 times more profit off mobile than Google does off android.<br><br>Win patent suits or not Apple is already chewing them up. Apple is just toying with them, with $80b in the bank it can simply keeping fighting for it's patent rights against companies like HTC. <br><br>to give an idea how big apple is: Amazon's (the famous producer of the Kindle Fire) last quarter net profit was $63 million. Apple just gave each of it's senior VP's 150,000 share bonus i.e at current rate worth around $60m each, i.e each VP got a bonus equal to Amazon's entire net profit for a quarter. <br><br>with it's Gigantosaurus size lead in $$$ Apple can litigate, out R&D, out manufacture , out market all the android etc out there. Litigation is just one small part of the battle plan. <br><br>all the 'Apple is doomed against android' articles, posts -- and people saying apple is going for lawsuits because it's losing - -etc are near hilarious if you compare it with actual stats , it's like guy with a pea shooter (android) vs a Abrams Tank saying " the tank is doomed, see it's stopped after I shot at it!". the only reason the tank is stopped is cause the driver is laughing too hard to drive.
    Davewrite
    • RE: HTC still has a chance after losing ITC ruling to Apple

      @Davewrite - It wasn't that log ago that Big Blue was dominating computer world and was dismissing PCs as a toy. And not much after that M$ Gates has dismissed internet not realizing it's potential. Do you think the Apple dominance will last forever? And if - because it's a better product?! And it won't be long before your Abrams Tanks will make laugh the Chinese commanders on a battlefield - same way your financial situation makes laugh the Chinese dictatorship...all the way to the bank. They are toying with you now (using North Korea) :-( I wonder....will you be so supportive of them controlling your real life as Apple is trying to control your digital/mobile experience? Shame on you for supporting a bully that Crapple is!
      Dare2C
      • RE: HTC still has a chance after losing ITC ruling to Apple

        @Dare2C

        lol.
        how is apple controlling my mobile experience, by making superior products? and you all so happy supporting Google which is just interested in making ad money it doesn't even care to check if there's malware in it's own Android Market Place or many android oems who don't give OS updates for their phones? -- you guys are satisfied with THAT kind of mobile experience? lol.

        as for the Big Blue dominating thing ... that's what people are saying about android market share. For apple here's an example: people having been saying they would knock apple off it's iPod Supremacy, these guys said it : Sony, Phillips, Dell, iRiver, Sandisk, Creative Nomad, Microsoft, HTC, Toshiba etc etc... against a much much smaller and weaker apple TEN YEARS ago. Didn't happen , ain't going to happen now. Absolutely no indication of rivals getting closer, instead the GAP is GETTING BIGGER as apple pulls ahead. The data center apple built to run Siri and iCloud etc in N. Carolina cost over $1 billion : most of the android manufacturers don't have net profits to afford that. Google is probably already making a net loss on Android, definite loss if Motorola deal goes through for 12.5 billion so is it going to keeping pumping cash into it?
        Davewrite
      • RE: HTC still has a chance after losing ITC ruling to Apple

        @Dare2C... Funny, free capitalism doesn't recognize bullies. What are you, some kind of Commie? ;) Capitalism as practiced in the USA and elsewhere is a in it to win it venture. The company or person who can perform the task at the lowest amount of opportunity cost wins. <br><br>Apple is a great example of how a company can still be very profitable without having a monopoly in the market. Apple sells a product, in this case iDevices, Macs, etc., and does so in a way that allows them to maximize profit, again the name of the game. If they were just another Android handset maker, they would have to produce and sell on such small margins that it is very difficult to be very profitable, by controlling all aspects of their product they are able to maximize on it<br><br>You will never see a well built phone like the iPhone 4 series running Android or WP7, simply because their is no profit margin on a premium handset running Android. Yes I know some will argue about the build quality of the iPhone, so flame away...
        Snooki_smoosh_smoosh
      • RE: HTC still has a chance after losing ITC ruling to Apple

        @Davewrite<br>This guy is the definition of a fanboy. "How is apple controlling my mobile experience"? Obviously retarded as well. Apple controls your entire mobile experience. For instance, change the theme on your iphone. You can't. Its locked down. Yes, apple has been knocked off their pedastals several times. It was near bankruptcy how many times now? Apple getting jobs back was the only thing that saved it. Now that he is gone.... "no indication of rivals getting closer..." What are you talking about. Apple has been surpassed in phones and their tablet share is hemorrhaging. Read maaaaan! "Google is probably already making a net loss on Android" Again back to the this guy is a retard statement. They can't afford $1b? Are you serious? You are a troll who contributes nothing but propaganda spread among the rest of the barristas at Starbucks.
        gbrowerjr
    • RE: HTC still has a chance after losing ITC ruling to Apple

      @Davewrite <br>That doesn't make you mad that they have such huge profit margins and you paid so much? Sure, let them keep spending money for frivolous suits. Apple has already got the attention of the EU which is looking at it for patent abuse. All of the preliminary injunctions have been overturned except for maybe the netherlands. I haven't checked. The sales ban against HTC is worthless and appealable. But HTC won't bother its easily worked around. What Gigantosaurus size lead are you referring to? Not smartphone market share. Tablet? that is shrinking daily. Or do you mean leading in the area of pending lawsuits? A pea shooter vs. an abrams tank? Are you refering to lawsuits again? Cause it sure isn't market share or winning lawsuits/injunctions. They found in favor of apple on one meaningless infringement out of four. You could say HTC won 3 out of 4 in that case.
      gbrowerjr
  • RE: HTC still has a chance after losing ITC ruling to Apple

    Apple the is the biggest patenttroll.

    Android was before Iphone
    Sultansulan
    • RE: HTC still has a chance after losing ITC ruling to Apple

      @Sultansulan <br><br>lol.<br>this is how Google envisioned it's google phone to be before it copied Apple. Even google engineers admit it: the original google phone was built to imitate the blackberry with lots of buttons. <br><br> <a href="http://news.cnet.com/2300-1037_3-6230132.html" target="_blank" rel="nofollow">http://news.cnet.com/2300-1037_3-6230132.html</a><br><br>iOS is based on MacOSX which has more than 20 year history. Andy Rubin head of android use to work for apple on projects that became iOS. Schmidt was on Apple's board and was booted out, he took iOS ideas to change Google's Blackberry clone (stolen from Rim?) into Android. Android is facing lawsuits from LOTS of people besides apple, the list includes Microsoft, Oracle, British Telecom etc. Internal emails from Rubin etc show that he was worried about the code they were copying without permission. The fact that they have already lost lawsuits and HTC is for example paying microsoft etc shows that Android is a pastiche of piracy, copying and based on no care of others patent rights. (I'm not going to bother with links, go 'google' it all yourself).
      Davewrite
      • RE: HTC still has a chance after losing ITC ruling to Apple

        @Davewrite And Android is based on Linux, which SHARES THE SAME BASIC heritage - Unix.

        FAIL.
        chipbeef
      • RE: HTC still has a chance after losing ITC ruling to Apple

        @chipbeef<br><br>what has android based on linux got anything I wrote?<br><br>you mean android is no different from any other linux code?<br><br>google didn't write new code, new functionality to it?<br><br> fact is whatever they did they violated a lot of patents: that's why they are having their pants sued by (at last count) something like half a hundred major lawsuits. they tagged on blocks of copyrighted code and other stuff to android. <br><br>example from an article about an internal Google email between Android boss Rubin and Lindholm (an engineer):<br>"Lindholm had written to Andy Rubin, the Google vice-president in charge of the Android operating system, that he'd checked out technical alternatives to Java, "and think they all suck," the email said. "We conclude that we need to negotiate a license for Java under the terms we need... Google, of course, didn't negotiate a license, which is why Oracle soon thereafter filed its sweeping suit"<br><br>get that? Rubin knew they were violating patents and needed to get a license but Google didn't bother BUT JUST USED THE CODE without permission.<br><br>that's just one example. <br><br>link <a href="http://newsandinsight.thomsonreuters.com/Legal/News/2011/11_-_November/Oracle_v__Google_and_the_most_relentlessly_litigated_email_ever/" target="_blank" rel="nofollow">http://newsandinsight.thomsonreuters.com/Legal/News/2011/11_-_November/Oracle_v__Google_and_the_most_relentlessly_litigated_email_ever/</a>
        Davewrite
      • RE: HTC still has a chance after losing ITC ruling to Apple

        @Davewrite <br><br>It is not a fact that Google violated any Java patents yet. You can just fantasize all you want until the lawsuit goes to trial this February though since you have a need to hate Google for providing an successful commercial alternative to the iPhone though.
        DonRupertBitByte