HTC sues Apple over patent infringement

HTC sues Apple over patent infringement

Summary: HTC has fired back at Apple, filing a complaint of its own over five patents and calling for the halting of iPhone, iPad and iPod sales in the U.S.

SHARE:
TOPICS: HTC, Apple
118

HTC said today that it has filed suit against Apple for patent infringement and has asked the U.S. International Trade Commission to "halt the importation and sale of the iPhone, iPad and iPod in the United States."

The complaint, which HTC says involves five patents, follows legal action by Apple against HTC in a Delaware District court and the ITC in March.

In a brief statement today, Jason McKenzie, VP of HTC North America, said:

As the innovator of the original Windows Mobile PocketPC Phone Edition in 2002 and the first Android smartphone in 2008, HTC believes the industry should be driven by healthy competition and innovation that offer consumers the best, most accessible mobile experiences possible. We are taking this action against Apple to protect our intellectual property, our industry partners, and most importantly our customers that use HTC phones.

The competitive landscape of the mobile industry has become so intense that allegations of patent infringement are flying all over the place, though Apple has been careful to keep the deepest-pocketed competitors - notably Google and Microsoft - out of its legal filings. While Apple mentioned Google's Android mobile OS on several instances in its own court filings, it's legal beef is strictly with the hardware manufacturer HTC, the smallest and weakest patent player. HTC also makes devices that run on Windows Mobile OS.

Initially, Apple's legal complaints made it look like the bully kicking sand into the face of the 98-pound weakling on the beach - an effort to get HTC and its iPhone-killer devices out of the way. Clearly, HTC is a thorn in Apple's side.

Last month, NPD reported that Android devices outsold the iPhone. In addition, Piper Jaffray analyst T. Michael Walkley said that HTC is taking share from rivals. In that report, Walkley writes:

Our April and early May checks indicated strong North America share gains for HTC with strong initial sales of the HTC Incredible at Verizon, combined with solid sales of the HTC Hero at Sprint and HTC HD2 and My Touch 3G at T-Mobile. We believe consumers overwhelmingly selected HTC based Android and Windows Mobile based devices due to its customizable UI, processing power with Qualcomm's Snapdragon 1 GHz processor and sleek designs.

The landscape changed for HTC after the Apple complaints were filed, thanks to an patent licensing agreement between Microsoft and HTC last month that covers Android devices. That deal, in essence, gave HTC some legal heft in its battle with Apple, Larry Dignan argued in a post last month.

Related coverage:

Topics: HTC, Apple

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

118 comments
Log in or register to join the discussion
  • Thank you HTC, much appreciated

    [i]We are taking this action against Apple to protect our intellectual property, our industry partners, and most importantly our customers that use HTC phones.[/i]

    I truly do appreciate your efforts. Apple is evil and must be stopped.
    NonZealot
    • RE: HTC sues Apple over patent infringment

      @NonZealot

      Testify, brother!!!!
      Hallowed are the Ori
      • RE: HTC sues Apple over patent infringment

        HTC sues Apple over patent<a href="http://www.jmdawson.com/"><font color="light&amp;height"> about it</font></a> is bank that <a href="http://www.liberalresurgent.com/"><font color="light&amp;height">website</font></a> attacked from the <a href="http://rootcertified.com/"><font color="light&amp;height">site support</font></a> from any soldier <a href="http://barseghyan.biz/"><font color="light&amp;height">site</font></a> to the light <a href="http://www.stonewallstuff.org/"><font color="light&amp;height">home page</font></a> is great infringement
        musdahi
    • If you really believe that then why or why

      @NonZealot : did you buy a Mac Book Pro.
      Snooki_smoosh_smoosh
      • I made a mistake

        My MacBook Pro was the right purchase for all of my <b>technical</b> specifications. However, I now regret supporting this evil company. Sometimes, you need to stand on principle. Apple <b>is</b> evil and <b>must</b> be stopped and I'm sorry that I contributed $2,000 to their legal fund that will now be used to eliminate yet another competitor.
        NonZealot
      • He claims to have bought one...

        there's often a difference between claim and fact.
        msalzberg
      • RE: HTC sues Apple over patent infringment

        I truly do find it hilarious that people think I'm lying when I praise the capabilities of my MacBook! Makes me laugh... at them. :)
        NonZealot
      • RE: HTC sues Apple over patent infringment

        @NonZealot

        Just like when people think I am lying when I tell them I have a Macbook and own an iPhone and iPod Touch and have been using Apple Computers since the 80's.
        bobiroc
      • "Apple is evil and must be stopped."

        I don't think "nonzealot" means what you think it means.
        msalzberg
      • Maybe He Bought a iFail i7 iMac! :O

        @JM1981 Maybe he was one of the suckers..... I mean customers that bought a Newton or had iTunes on his PC and learned his lesson about Apple Products. With all their closed, non customizable same o same o interface look or it's Adware, Malware, Spyware and slowwww.... Quicktime player in it. Really doesn't take much to not like Apple's Authoritarian Diktatorship (excuse the typo)! ;)
        Monarky
      • RE: HTC sues Apple over patent infringment

        <i>Just like when people think I am lying when I tell them I have a Macbook and own an iPhone and iPod Touch and have been using Apple Computers since the 80's.</i> <br><br>@bobrock, we do like to laugh at liars and frankly, at times, I don't know who's bigger. You or the zealous non-zealot.<br><br><img border="0" src="http://www.cnet.com/i/mb/emoticons/grin.gif" alt="grin">

        Non-Zealot was either the biggest liar or the biggest sucker out there. Are you trying to dismantle his throne?
        ubiquitous one
    • Someone forgot their meds today.

      @NonZealot [i]"Apple is evil and must be stopped"[/i] Damn, project much? Apple is a company, like Microsoft, Exxon Mobil or Avon. They exist to make money (which Apple does better than anyone else in their industry), and they sue people who they think give them cause. If you think HTC or Nokia or even Apple are they "good guys" here, you're just plain wrong. They're neither good nor bad, they just [i]are[/i]. Now get over yourself and your little histrionics.
      matthew_maurice
      • RE: HTC sues Apple over patent infringment

        @matthew_maurice
        I agree with you that HTC or Nokia probably have not been proven to be any better or worse than Apple; but, I really have to object to your use of Exxon Mobil as an example of a company that is "neither good or bad". Look up exxposeexxon and have yourself a read. Being immoral and being illegal are distinct things that you might be trying to blur along the margins.
        javahead76
      • Neither HTC or Apple look good in this...

        @matthew_maurice I'll agree, Apple is an evil company. They skirt on areas that MS gets sued to death on, tout that they innovate, when they actually steal. Buy out companies only to shut them down to keep out competition. Evil. Period.

        HTC's not too clear either. "HTC believes the industry should be driven by healthy competition" yet "has asked the U.S. International Trade Commission to ??????halt the importation and sale of the iPhone, iPad and iPod in the United States.?????? What kind of B.S. is that?
        Narg
      • RE: HTC sues Apple over patent infringment

        @matthew_maurice
        have you been watching Lost?
        epicflux
      • RE: HTC sues Apple over patent infringment

        @matthew_maurice Agreed. BTW, I have this awesome GPS I'll sell you for $5! But you can only use it in this special car I'll sell to you for $100,000. Oh, and if you get a flat tire or anything, come to me because I have special tires for only $1000! Not like you have a choice, because its the only tire that will fit... OH! And I have to charge you a rental fee for the special jack that I will use on the car. You can try using a different jack, but then I'll have to void your warranty. And BTW, if you ever sell the car, you have to give me back the GPS.
        eddokun
      • RE: HTC sues Apple over patent infringment

        @matthew_maurice
        Hmm.. you do make a point.

        Nah, Apple *is* evil :P
        chefp
      • Evil is as Evil Does

        @matthew_maurice

        When I buy a product, and the manufacturer after the fact attempts to control how I use that product, that is evil.
        hiraghm@...
      • RE: HTC sues Apple over patent infringment

        @Narg
        Steal? Name one example.
        SpiritusInMachina
      • RE: HTC sues Apple over patent infringment

        @epicflux<br>WTF are YOU talking about?<br>Are you trying to make a little joke, funny boy? How about you try some specific allegations, so you can be shown to be the misinformed fool that you clearly are?
        SpiritusInMachina