Ruling On HTC By ITC Spells "Trouble" For Android Makers

[Joshua Tucker]

The saga between HTC and Apple continues as the fight after the ITC ruled in favor of Apple over two patents rages on. It was decided on Friday that HTC had indeed violated the two patents in question, giving Apple the lead in the seemingly never ending patent battle. However, after an examination of the two patents, the U.S. International Trade Commission (ITC) revealed some bad news for Android makers - these patent violations may apply to virtually every Android device on the market and in the consumer's hands.

HTC is trying their best to defend these patents via appeal, however the final decision by the commission is set for December 6, 2011. If HTC is not able to make this appeal in front of the ITC, this could be a major roadblock for Android handset manufacturers around the world. The commission has the power to ban imports for products that violate patents, which could devastate the Android market if their ruling blocks multiple Android manufacturers on patent violations.

The patents that HTC was found to have violated are listed below:

• 5,946,647 - "System and method for performing an action on a structure in computer-generated data
• 6,343,263 - "Real-time signal processing system for serially transmitted data"

To make matters worse for Android, an in-depth analysis by Florian Mueller of FOSS Patents reveals that the violations are not just found by the enhancements on HTC's part - they are part of the entire Android structure. This reinforces the above statement which could really be a huge setback for Android manufacturers.

The question becomes - will HTC fight back by ensuing violations on Apple or is this the closing chapter for the HTC vs. Apple battle?

Source(s): AppleInsider

[iamjamieq]

What's with the old iPhone image?

[Joshua Tucker]

What's with the old iPhone image?

What's wrong with it? It's an image with both the HTC and the iPhone - plus the patents aren't just related to the iPhone 4 or other newer devices. They are about components specific to iOS and Android.

[rickybobby]

you know i have been listening to apple ***** n moan you stole this from us i have a patent for this crap hey apple your whole ****** IOS5 is stolen from everybody else when google sues your *** for taken there notification system style then what then you took blackberry messenging oh yeah and your over the air updates google had that first so why dont you stop bitchin and invent something of your own not revolutionize something that already exist its called innovation i have been a avid apple fan for years im tired of no news of upcoming handsets holding back features for future models im tired so i say get your *** of your ****** high horses

this is just awful

[Joshua Tucker]

you know i have been listening to apple ***** n moan you stole this from us i have a patent for this crap hey apple your whole ****** IOS5 is stolen from everybody else when google sues your *** for taken there notification system style then what then you took blackberry messenging oh yeah and your over the air updates google had that first so why dont you stop bitchin and invent something of your own not revolutionize something that already exist its called innovation i have been a avid apple fan for years im tired of no news of upcoming handsets holding back features for future models im tired so i say get your *** of your ****** high horses


this is just awful

How is this argument legitimate? If Apple was just moaning and groaning, wouldn't the judges realize that they are not true accusations and not go forward with the prosecution? If you had a brand, especially like Apple's, to protect, you would be doing the exact same thing. It is in their best interest - their brand, products, and image are extremely valuable.

[Goof]

WOOOOOOOOOOOOOOOT!!!!! GO APPLE!
I would like to see an Apple only America!

[feidhlim1986]

5,946,647 - "System and method for performing an action on a structure in computer-generated data"
6,343,263 - "Real-time signal processing system for serially transmitted data"

Almost everything a user does on a computer is performing an action on a structure in computer-generated data.
And it baffles me that there exists a patent for both these things, let alone the fact they were awarded relatively recently.

At least I can be confident that the EU will simply tell Apple piss off if they come running with the same lame accusations.

How is this argument legitimate? If Apple was just moaning and groaning, wouldn't the judges realize that they are not true accusations and not go forward with the prosecution? If you had a brand, especially like Apple's, to protect, you would be doing the exact same thing. It is in their best interest - their brand, products, and image are extremely valuable.

I agree that any company should try their best to defend their brand, products and image. But I don't think these patents threaten any of those in any way shape or form. These patents were created well before the original iPhone or any Android phone existed outside of R&D. And they are so broad that I would imagine a lot more the just android is violating them. Why has it taken so long for Apple to start suing? Answer: Because up until now they have been unquestionably dominant in the smart phone market but now the scales are tipping and their momentum is slowing down, people are switching from iOS, competitors are offering arguably better hardware and Android has become arguably a better OS.

My personal image of Apple is steadily going down the toilet. They are showing that, if they are a market leader in for example smart phones, tablets, digital music, they don't seem able to cope with competition gaining ground and potentially pass them out. I think Steve is pissed that there are phones and tablets coming out with features he probably didn't plan on putting in until iPhone 6 or iPad 4. How can he slowly trickle out features annually that are standard on competitors products?

WOOOOOOOOOOOOOOOT!!!!! GO APPLE!
I would like to see an Apple only America!

Do you know what a monopoly is and why they are bad?
If there was an Apple only America....you can most definitely expect another zero or two to be added to the left of the decimal point in the price of all Apple's products

[andymac]

And now HTC imports skyrocket

[swifty7]

apple also holds the patent for touch screen tech which they recently won.

[ddominator]

Sigh the patent system is flawed... they are patenting concepts and ideas. Nothing specific as to include code. Now if HTC infringed and copied their code, no questions asked--guilty.

But this is the legal system that allowed Zuck to settle with the Winklevoss twins. If Zuck stole code from the twins, then settling would be good... but if it were really about the idea, then Facebook can sue Google+ too.

[confucious]

I can't help feeling that patents are too easily granted in the USA.
Inventors should be protected and rewarded for their inventions but they appear to now just be used to stifle competition.
This is only good for Lawyers, not consumers IMHO.

[Joshua Tucker]

5,946,647 - "System and method for performing an action on a structure in computer-generated data"
6,343,263 - "Real-time signal processing system for serially transmitted data"

Almost everything a user does on a computer is performing an action on a structure in computer-generated data.
And it baffles me that there exists a patent for both these things, let alone the fact they were awarded relatively recently.

At least I can be confident that the EU will simply tell Apple piss off if they come running with the same lame accusations.




I agree that any company should try their best to defend their brand, products and image. But I don't think these patents threaten any of those in any way shape or form. These patents were created well before the original iPhone or any Android phone existed outside of R&D. And they are so broad that I would imagine a lot more the just android is violating them. Why has it taken so long for Apple to start suing? Answer: Because up until now they have been unquestionably dominant in the smart phone market but now the scales are tipping and their momentum is slowing down, people are switching from iOS, competitors are offering arguably better hardware and Android has become arguably a better OS.

My personal image of Apple is steadily going down the toilet. They are showing that, if they are a market leader in for example smart phones, tablets, digital music, they don't seem able to cope with competition gaining ground and potentially pass them out. I think Steve is pissed that there are phones and tablets coming out with features he probably didn't plan on putting in until iPhone 6 or iPad 4. How can he slowly trickle out features annually that are standard on competitors products?



Do you know what a monopoly is and why they are bad?
If there was an Apple only America....you can most definitely expect another zero or two to be added to the left of the decimal point in the price of all Apple's products

In many ways I disagree. The legal side of most activities that corporations do take forever to hit "press." I can imagine, not with 100% certainty but maybe close, that Apple has tried to work out these differences prior to court involvement. Court is just the easiest way for companies to settle their differences because large companies have difficulty doing it anywhere else - they are in need of a moderator of sorts so the court works best.

And in regards to patents; when they patented the technology, it was brand new. It was so new it hadn't ever been used or ever brought to the the world before - in this shape or form. For that reason, for one to say "their patents are broad" is entirely correct however not a legitimate argument.

Let's use the lightbulb analogy for example: lightbulbs had been made long before Edison. However, Edison was the first to incorporate it into a light-weight, user intuitive, and consumer fashion; one that we can appreciate today. He patented his invention based on the unique features that this particular lightbulb brought to the table; his invention was unique to the electricity scene although his lightbulb was not the first made.

Now let's bring Apple in. Touchscreen technology was around before Apple. However, when they released the iPhone, they brought touchscreen to the mobile environment where it had never been before. They patented the incorporation of touchscreen in mobile technology because it was unique in the market. It had never been done like this anywhere before with any type of proficiency, performance, or success. With that said, Apple has every right to have these patents under their belt and should definitely fight to protect them - the release of the iPhone was a huge step and risk for Apple as no one was sure that the market could take this device.

For the going down the drain argument, if your company was "going down hill" (I don't agree with this particular statement) as a result of copyright infringements by other companies, I would guarantee you that you would be all over it. This is common sense. It is not that "Oh well too bad you have to compete regardless etc. etc.", but you have a technology that you worked long and hard to get patented (which can take ages) and you want to protect it. And in regards to whining, whining doesn't make you win in court - evidence and facts do. If Apple was truly just "whining" about the whole ordeal, the court wouldn't have ruled in their favor. Their accusations against HTC are entirely true and should not be let go as "oh well, too bad." There is huge money at stake for Apple as a company. And let's face it, Apple has been sued and paid a few fines too right? It's the way of the game in this world - it's not like Apple is the all out winner and just makes everyone else bow down to them.

And on a side note: in full agreement regarding monopolies. A monopoly hurts competition and lessens a company's drive for greater heights. If a company has no competitors, who says they have to put their best product out there for the best price possible? They don't - they already have full market share so the people have to buy whatever you offer, good or bad, cheap or expensive (take this lightly as the consumer does not have to buy - they just only have one option and have to live with it). Competition is what makes the market full of great products. Those companies that release those products release them at the highest quality and best price because they have other competitors to battle against. Without competition, our market would lack:

• Innovation
• Development
• Product quality
• Affordable prices
• And much more devastating factors

[confucious]

Touchscreen technology was around before Apple. However, when they released the iPhone, they brought touchscreen to the mobile environment where it had never been before.

HTC had many touchscreen phones out (running Windows Mobile) many years before Apple came to the market, indeed, I wasn't interested in the iPhone because, on paper, it did nothing that my WinMo devices didn't already do.
How wrong I was....

[aidanski]

In a lot ways this is bad, as without a strong opposition from other great smartphone manufacturers, neither iOS or android will 'evolve'. Not only is even rivalry good, but it helps stimulate better hardware refreshes as well.

[RICO_]

HTC - "Please Apple......we will settle the case with you. Just tell us how much you want. Lump sum? Royalties on all of our future products......whatever you want......just tell us what you want!"

APPLE - "The World! Goodbye HTC!"

[hogcia]

This is such ********! Apple steals ideas from others all the time. Apple is just trying to stop other phones from coming to market. There is a new android phone like every two months. Apple on the other hand hasn't had a new phone in over a year now! And when there new phone does come out, it will just be faster. Apple is desperately looking for a way to stop competition because it has NOTHING new/innovated to offer. Iso5 and iPhone 5 will be weak. Here I come HTC EVO 3D!

[RICO_]

HTC has until December to make the most epic smartphone ever and go out from the U.S. with a bang.

I'll be waiting.

[Eiswritsat]

you know i have been listening to apple ***** n moan you stole this from us i have a patent for this crap hey apple your whole ****** IOS5 is stolen from everybody else when google sues your *** for taken there notification system style then what then you took blackberry messenging oh yeah and your over the air updates google had that first so why dont you stop bitchin and invent something of your own not revolutionize something that already exist its called innovation i have been a avid apple fan for years im tired of no news of upcoming handsets holding back features for future models im tired so i say get your *** of your ****** high horses


this is just awful

Actually alot of Androids, blackberry, and IOS features date back to the Sidekick2...(cloud based storage, notification on the top of the screen, app store, notification center, etc all things the sidekick 1&2 had how we so fast forget) and think Android comes up with everything and IOS steals everything...The palm treo had alot of borrowed features it got no credit for also

[emerica6708]

I'm curious, what would happen if all android phones were banned, RIM is going to die soon if they don't have a successful product soon. Those two and Apple are pretty much the only three smart phone companies, so most likely Apple would be a monopoly, are there some kind of regulators or the sort to keep this from happening? I love Apple and IMO Android is an awful OS but I don't want to have to pay $1000 for the new Apple products, which might happen if they were the only company making smart phones

Just a thought

[ipodtouchman77]

What's with the old iPhone image?

Useless post

Anyways does this mean apple could virtually rule the smartphone market?