ITC rules in Apple's favour in HTC patent dispute

ITC rules in Apple's favour in HTC patent dispute

Summary: HTC has lost another battle with the U.S. ITC after it lost a patent dispute case with Apple. It comes only months after Apple won a patent case against HTC for infringing its patents.

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TOPICS: Legal, Apple, HTC
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Apple did not infringe HTC's patents, according to the U.S. International Trade Commission, which dismissed the claim after it ruled on Friday.

The ITC said that HTC's claims that Apple infringed a patent pertaining to detecting power sources and powering down devices when they were not being used were not violated, in what draws to an close the latest battle of patent disputes last year saw erupt.

The case was brought in June 2011 by Taiwan-based HTC, and was ruled on in October 2011 when the ITC made a preliminary ruling in Apple's favour. HTC had asked the ITC to bar some imports and sales on the alleged infringing devices, such as the iPod touch, the iPhone and the iPad. HTC appealed, but the decision remained in its final determination.

HTC said it may appeal the ruling further: "We are disappointed by the Commission's ruling and look forward to reading the full opinion to understand its reasoning. We'll explore all options, including appeal,", said Grace Lei, HTC's general counsel in a statement.

But FOSS Patents author Florian Mueller believes HTC would struggle if it seeks to battle this case further. He said in a recent blog post: "It's too early to tell, but at the outset those claims certainly looked stronger than the complaint that was dismissed today -- whether they're strong enough is another question."

This isn't the first time HTC has taken a battering from the ITC, however. The trade authority found last year, in reverse, that HTC had infringed a patent belonging to Apple. The Cupertino-based giant had sought an injunction against the Android smartphone maker.

The infringing feature, which allowed users to select a phone number in an application to make a phone call, was removed from its phones and the ban was therefore never enforced.

Image source: Johan Larsson/Flickr.

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Topics: Legal, Apple, HTC

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34 comments
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  • this is a grave injustice

    to let apple pillaging other people hard work and innovations.
    The Linux Geek
    • RE: ITC rules in Apple's favour in HTC patent dispute

      @The Linux Geek No the grave injustice is the other companies infringing upon patents Apple legally owns. But don't let this succession of victories by Apple stop you in believing that Apple is evil - I find your viewpoint to be quite amusing.

      Fact is in this case Apple was not found guilty and in a previous case HTC was found to be guilty of using Apple's patents. I suppose you won't be to work the fryer today due to the emotional toll Apple's victories have taken upon you but just remember these days of mourning you are taking are not paid days.
      athynz
      • RE: ITC rules in Apple's favour in HTC patent dispute

        @Pete "athynz" Athens
        Those rulings will be easily overturned.
        Everyone knows by now that apple is ultimate hypocritical patent troll: http://techrights.org/2012/02/19/patents-from-apple/
        The Linux Geek
    • RE: ITC rules in Apple's favour in HTC patent dispute

      @The Linux Geek -

      I agree. Apple has won a trolling suit, and the recent patent "reform" does NOTHING to curb any of this.

      Especially when Apple takes others' innovations and then patents them,
      http://www.ibtimes.com/articles/214268/20110915/top-10-android-features-ios-5-impersonated-apple-iphone-5-ipad-ipad-2-iphone-3gs-iphone-4-ipod-touch.htm

      they all copy, but Apple is definitely going the extra mile and not for nice purposes... as a result, do I want to spend hours, weeks, and months programming something big and complex only to stumble over a patent to give them a free ride? (And if everybody looked at every patent, can you imagine how quickly ANY innovation or work would halt, over fear of these big behemoths stepping in and going "Mine!! mine!! mine!!!!!!!!"?

      We don't agree on everything, of course, but isn't it more interesting when we do agree?
      HypnoToad72
  • Apple marketing and end of capitalism

    Apple Marketing is the best textbook in the field. They gathered the best minds of selling non-essential goods at nuclear prices, of creating conditions for exciting consumer activity. The Apples can sell snow to Eskimos in winter for a hundred bucks per cup, accompanied by wild frenzy. Rather, they could. With Jobs. Now the spiral of success is unfolding because the competitors were not sleeping. Android finished the 2011 as the number one operating system for smartphones, HTC is stepping on the heels of iPhone in the States, Samsung breeds their fans with Galaxies. While the Apples havent even changed the 4S design. They say it is already the best in the universe, why touch perfection? Given the frequency of the updates, which make smartphones outdated in three months, iPhone will be in difficulty. Yes, there are ads in the newspapers: I will marry someone who will give me an iPhone or will give for an iPad (wonder if they give for Nokia or LG?).

    Apple cant surprise us with ads anymore as before, and it cant compete with the Koreans in hardware. The latter will stuff at least eight cores in plastic, will call it a death star and will sell a hundred million like to piss on three fingers. Just because no one has eight cores. If iPhone doesnt have at least four cores and a radically revised design, it will fall victim to their own marketing. Without Jobs the Apple will get rotten.

    Professor of Economics Katasonov likes to ask students this question: What is the main resource of the modern economy? The answers are different: oil, money, knowledge. But they all miss. The key resource of the modern economy solemnly intones the professor is a fool. A fool can be suckered into anything. Laughter in the auditorium. Funny, isnt it? But it is actually not a joke at all. As Ostap Bender would say: its a medical fact. The motion force of the modern development is ignorance and obscurantism. The global media empires are building virtual Fields of Miracles in the World of Fools and the majority are anxiously waiting for their dough to grow.

    http://mindmanipulation.blog.com/2012/02/16/apple-marketing-and-end-of-capitalism/
    http://mindmanipulation.blog.com/2012/02/16/fool-is-main-resource-of-modern-economy/
    Beryllium8
    • RE: ITC rules in Apple's favour in HTC patent dispute

      @Beryllium8 -

      Are all smartphones made in Korea?

      This is against competition and freedom in general - the end of true capitalism.

      If the replacement paradigm is reasonably benign, I won't necessarily mind, but the proverbial deal is in the details. Time will tell... and assuming there is something consciously being enabled, but I don't try to ascribe to tinfoil hat theories.
      HypnoToad72
    • RE: ITC rules in Apple's favour in HTC patent dispute

      @Beryllium8 very poetic, but of course you are totally out to lunch and I will tell you why.

      Apple product marketing has never centred on technical specs but rather human desire for quality, usability, and aesthetic. This is why the iPhone has such a high retention rate. Apple doesn't need to come out with a new model every other month to keep interest up. This could be boiled down to one simple fact: Apple products tend to delivery more than what consumers are expecting while most competitors consistently deliver less.

      Detractors and fans of something else right here on these blogs are constantly saying i'll wait for this or that to come out or just wait until such and such is released and they never seem to get to that place where they gain satisfaction. The fact is and yes it is a fact that most users of Apple products and services are very satisfied right now.

      So to me it sounds like you just can't except that people like the iPhone and buy it...that there must be something that is brain washing people into buying an iPhone. The only fool is one who places pride and prejudice over contentment.
      CowLauncher
  • RE: ITC rules in Apple's favour in HTC patent dispute

    Interesting - HTC failed to prove that Apple was infringing upon one of their patents so soon after HTC was found to have infringed upon one of Apple's patents. And I'm sure the Apple Haters will be out in force to decry Apple as some sort of patent troll, that they must have a paid shill in the patent office, or some other far-fetched conspiracy theory as to why HTC lost again. Could it possibly be that Apple was in the right? That Apple did not in fact violate one of HTC's patents?

    Funny how all of you fandroids keep saying that things like this will be proven in court and yet when it's Apple that wins you claim that someone is being paid... Cue the Double Standards!
    athynz
    • SWEET you pulled the NonZealot quote:)

      @Pete "athynz" Athens ... Very funny that!

      Pagan jim
      James Quinn
    • RE: ITC rules in Apple's favour in HTC patent dispute

      @Pete "athynz" Athens Don't you have anything else to occupy your time with?
      Although I'm sure Apple appreciates your volunteering on their behalf. They really need it, after all.
      radleym
      • RE: ITC rules in Apple's favour in HTC patent dispute

        @radleym -

        *zing!!*
        HypnoToad72
    • RE: ITC rules in Apple's favour in HTC patent dispute

      @Pete "athynz" Athens -

      If politicians can be bought and paid for, who can't?
      HypnoToad72
      • Excellent question but in this particular case is there

        @HypnoToad72 ... Any actual proof that anyone was bought? Yes Apple has a lot of money and makes even more daily but that does not mean it has used said to sway decisions. There must be an actual and factual paper trail that leads to Apple. If not it should not be assumed nor hinted at.

        Pagan jim
        James Quinn
  • RE: ITC rules in Apple's favour in HTC patent dispute

    The infringing feature, which allowed users to select a phone number in an application to make a phone call
    Sounds like a hyperlink to me
    stevejg61
    • RE: ITC rules in Apple's favour in HTC patent dispute

      @stevejg61

      No it wasn't that was an earlier verdict

      "The ITC said that HTC???s claims that Apple infringed a patent pertaining to detecting power sources and powering down devices when they were not being used were not violated,"
      the.nameless.drifter
      • RE: ITC rules in Apple's favour in HTC patent dispute

        @the.nameless.drifter
        read the last two paragraphs of this article, that i swhat I am talking about
        stevejg61
    • RE: ITC rules in Apple's favour in HTC patent dispute

      @stevejg61

      The difference (and correct me if I'm wrong) is that a hyperlink is coded into the text, while Apple's patent refers to the parsing of text and deciding what, if anything, it links to. The person writing the text doesn't need to do anything to make it work.
      msalzberg
      • RE: ITC rules in Apple's favour in HTC patent dispute

        @msalzberg
        so it is just a glorified automatic text parser - look for an item in the text that looks like in this case a phone number and have it become a link to the phone app. I've seen articles in newspapers for years where they go through articles - often in the sprorts page - and bold names the first time they appear - go through all sortds of articles with people's names and see that they link to something else - probably automated as well long ago.. Seems they are just doing a rehash, use a phone number instead of a person's name.
        stevejg61
      • RE: ITC rules in Apple's favour in HTC patent dispute

        @msalzberg

        "Probably" and "seems." So you don't know, do you?
        msalzberg
      • RE: ITC rules in Apple's favour in HTC patent dispute

        @msalzberg <br>
        no. i just do not have a Windows 98 machine at my disposal at the moment
        stevejg61