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Topic: Legal

Apple gets U.S. ban on HTC Android phones sales... for now

Summary: HTC wins some, but loses a big one in its latest patent battle with Apple. HTC says though that they have a way to get around Apple's legal victory.

Steven J. Vaughan-Nichols

By for Linux and Open Source |

Apple hopes theyve broken HTC and Android, but HTC disagrees.

Apple hopes they've broken HTC and Android, but HTC disagrees.

It's just another lousy day in the mobile software patent wars. Today, December 19th, the U.S. International Trade Commission (ITC) ruled in Apple's favor in a patent battle with HTC. This ITC has ordered an import ban on many HTC Android phones starting April 19, 2012.

According to the ITC decision (PDF link), HTC Android smartphones infringe two claims of U.S. patent #5,946,647. This is a typical over-reaching software patent.

This particular patent covers analyzing and linking data structures between documents and programs. If upheld, it implicates not just HTC's implementation but Android and any other operating system that takes formatted data from a basic document and allows it to be shared and integrate on another application.

So, for example, if you can click on a phone number on a phone list and your smartphone can automatically dial that number, congrats. Unless you're using an iPhone, you're probably violating Apple's patent. Go directly out of the market. Do not pass Go. Do not collect $200.

Since this is an exclusion order and not a cease and desist order, HTC will be able to keep selling its current family of devices in the U.S. The boom will be lowered, unless HTC pulls a rabbit, or new firmware update anyway, out of its hat, by April.

Fortunately, HTC may have such a bunny in its bonnet. In an e-mail letter, an HTC representative said, "We are gratified that the commission affirmed the judge's determination on the '721 and '983 patents, and reversed its decision on the '263 patent and partially on the '647 patent. While disappointed that a finding of violation was still found on two claims of the '647 patent, we are well prepared for this decision, and our designers have created alternate solutions for the '647 patent."

So, if HTC is right, the company is one firmware release away from being able to continue to sell its Android phones in the U.S. past April. Until, of course, Apple sues them on whatever new method they use to implement this popular feature.

In the meantime, as a developer friend of mine said, "All of this horse-shit just wastes tons of developer time." Well that and its raises the prices of all mobile devices as all the vendors continue to spend hundreds of millions in intellectual property lawsuits around the world.

Broken Android Phone image by robertnelson, CC 2.0.

Related Stories:

HTC still has a chance after losing ITC ruling to Apple

HTC: The sales mojo is gone as it falls behind Android curve

Android's Revenge on Apple's iPhone & iPad

Motorola secures Europe-wide sales ban on iPhone, iPad

Apple and Oranges: Apple's tablet design suggestions

Topics: Legal, Apple, HTC, Mobility

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55 comments
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  • RE: Apple gets U.S. ban on HTC Android phones sales... for now

    This only affects Android 1.6 to Froyo and does not apply until April, 2012
    tatiGmail
    Reply Vote

    • RE: Apple gets U.S. ban on HTC Android phones sales... for now

      @tatiGmail That's important. It's just for old devices that is not really sold lately. Good for Apple, still silly patent.
      AmediaN
      Reply Vote

      • RE: Apple gets U.S. ban on HTC Android phones sales... for now

        Once again apple buys their way. Time for Apple to be broken up.
        rparker009
        Reply Vote

      • RE: Apple gets U.S. ban on HTC Android phones sales... for now

        @AmediaN
        2.1 and 2.2 are still being sold on the shelves. Unless you paid more than $300 for your phone or tablet.

        Nearly every sub $200 tablet comes loaded with either 2.1 or 2.2 and no chance of update from most vendors that sell them unless it's a custom ROM.
        Nate_K
        Reply Vote

  • I hear and soooooo agree

    We need a new acronym:
    S - Stop
    O - Overbroad
    P - Patent
    A - Awards

    :D
    rhonin
    Reply Vote

    • RE: Apple gets U.S. ban on HTC Android phones sales... for now

      @rhonin
      how about Apple = azz clowns!
      Rob.sharp
      Reply Vote

  • RE: Apple gets U.S. ban on HTC Android phones sales... for now

    NO PIECEMEAL SOFTWARE PATENTS! Enough said. Sometimes, there are just only one or two ways to do something without adding needless complexity to a phone OS or needlessly adding instructions that slow the phone down.
    Lerianis10
    Reply Vote

    • RE: Apple gets U.S. ban on HTC Android phones sales... for now

      @Lerianis10
      This is more about defending the integrity of the patent. the courts have shown that if you do not defend your patent against the small infringements, then they may not uphold it later. The court frowns upon selective enforcement.
      Tigertank
      Reply Vote

  • Abolish software patents now.

    This has gotten too ridiculous. 95% of software patents today only stifle innovation.
    kraterz
    Reply Vote

    • RE: Apple gets U.S. ban on HTC Android phones sales... for now

      @kraterz Agreed!
      striker67
      Reply Vote

    • RE: Apple gets U.S. ban on HTC Android phones sales... for now

      @kraterz
      "[i]This has gotten too ridiculous. 95% of software patents today only stifle innovation.[/i]"

      Bu11$h1t!!
      Patents prevent copying what's already there. Where's the innovation in copying someone elses design? The only way to overcome patents is to innovate.
      Tigertank
      Reply Vote

      • RE: Apple gets U.S. ban on HTC Android phones sales... for now

        @Tigertank
        Wrong!
        Software is written code. Copywrite it!
        This slippery slope is so convoluted I can see someone successfully patenting a chord progression in music.

        I now need to go throw up......
        harrim47
        Reply Vote

      • Patents are wrongly awarded

        A patent should not be awarded for something that would be the "obvious way" of solving a problem.

        If the solution you want to patent is the "obvious way" most people would find to solve that problem then a patent should not be given!
        lepoete73
        Reply Vote

  • RE: Apple gets U.S. ban on HTC Android phones sales... for now

    Now wouldnt you think the Judges would allow each to sell their gear untill it was judged illegal? Then penalties could be set if found for Apple! But if the accused was found innocent, then Apple would have to pay damages....plus compensate for loss of sales... Which could be hard t ofigure out!
    Jonno-the-First
    Reply Vote

    • RE: Apple gets U.S. ban on HTC Android phones sales... for now

      @Jonno-the-First I see your point and, in some ways, agree that would make sense. However, the problem is this: if both parties are allowed to continue business as usual until one side is found guilty (assuming the infringement claim stands) then the innocent victim, the innovator could have been harmed beyond measure. It's sort of like a neighbor wanting to cut down all the trees on your property: if the city/town allows him to proceed, your trees are gone -- even if he's later found to have been wrong. At that point, the damage is done. So, the "safer" route is to prevent harming the patent holder.

      But obviously, the system is not perfect, because if the defendant is not guilty of infringing, then they have been prevented from selling a legitimate product, which is obviously detrimental to their business.

      In this case, however, Apple has the patent and the ITC has ruled that (for now, anyway) the patent is valid and HTC is infringing. There has been no injunction against them (over this issue) yet and actually won't be until April, which gives HTC time to ensure that its devices do not infringe. So, in a sense, no harm, no foul -- it just means HTC has to revise and update devices or stop selling those devices a few months from now.
      jscott69
      Reply Vote

  • Prior art...

    Picking something from a list and passing it to another app? That is something I was doing back in 1982, it was a feature of the OS back then... :-S

    I think the US PTO needs to get some people who actually know something about the subjects being patented, or at least able to google around, to see if the thing already exists!
    wright_is
    Reply Vote

    • RE: Apple gets U.S. ban on HTC Android phones sales... for now

      @wright_is:

      Exactly, neither the patent office nor the courts are experienced enough to actually think through the patents. This taking something from a list and passing it to another application is not only prior art, it is the whole point of web links.

      The amount of money spent on these frivolous patent fights is astonishing. Anyone who brings a patent infringment suit that is ultimately unsuccessful needs to be heavily sanctioned.
      RickCaird@...
      Reply Vote

    • RE: Apple gets U.S. ban on HTC Android phones sales... for now

      @wright_is:

      Indeed - in fact the whole point of the XML standard (and standard = "anyone can use and implement it") when it was agreed upon in 1997 was precisely to be able to extract, re-position, re-use and re-mix any data and content.
      Oh, I forgot - Apple doesn't believe in standards, unless they are their's...
      PensivePeter
      Reply Vote

    • Why patent?

      @wright_is

      Source code is text. Copyright would be more appropriate, than patents!
      steve.shierts@...
      Reply Vote

      • Re: Why Patent

        @steve.shierts@... Patents are appropriate IF the concepts are truly new and non-obvious. You can patent other non-device things too, for example business models. The trouble here is that the patents must be non-obvious, new and innovative, and clicking on a link is old news - Apple didn't invent it!
        junk@...
        Reply Vote
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