Apple wins patent ruling against HTC – and may be able to extend it to Android

[D.O.A.]

HTC is a smallish company so it's a easy target for macfag lawyers and testing patent cases

Apple has won a preliminary ruling from a US trade panel judge that Taiwanese handset maker HTC Corp infringed on two of the California company's patents.
The win may mean Apple can go after other Android handset makers for licence fees, though the decision must still be ratified by a full panel. It could also allow Apple to demand an import ban to the US against HTC before the end of the year.

HTC, which uses Google's Android operating system for its smartphones, said it would "vigorously fight" the infringement finding.

The risk for Android handset makers is that it is very likely that all Android devices infringe the patents, which were filed in 1994 and 1996,says Florian Mueller, an expert on the many patent battles swirling around the smartphone business.

Apple has also filed complaints against Samsung and may be able to attack Motorola on the same basis.

The relevant patents cover "system and method for performing an action on a structure in computer-generated data", US patent No. 5,946,647, filed in 1996 and awarded in 1999.
Essentially, it allows elements such as email addresses or phone numbers to be recognised so that when they are activated via a mouse or, on a smartphone, by a finger, they activate the relevant program.

Apple implemented this idea as "Data Detectors", implemented byApple's Advanced Technology Group – which Steve Jobs disbanded when he took over as chief executive in 1997.
Apple pointed out the infringement in detail, noting that Android contains an "analyser server" for "detecting structures in the data" and further details that exactly align with the outline of its patent.

The second patent, "real-time signal processing for serially transmitted data", of US Patent No. 6,343,263.
The patent was applied for in 1994 and will expire in 2019, and Apple provides a detailed breakdown on why it infringes in court documents filed with the ITC.

The ruling came from an International Trade Commission judge on Friday, but the full commission must rule on 6 December whether it will uphold or reverse it.

Though preliminary, the ruling will be closely dissected as it is one of the first between Apple and other smartphone makers that use Android.

HTC is already believed to be paying Microsoft $5 per handset for licensing rights after acceding to claims that its handsets' implementation of Android infringed a number of Microsoft patents.
Microsoft has also demanded – and received – payments from at least three other companies building products around Android in the past month.

Asked for comment by Reuters, Apple reiterated a previous statement by Jobs that "competitors should create their own original technology, not steal ours." In an emailed statement, HTC lawyerGrace Lei said: "We are confident we have a strong case for the ITC appeals process and are fully prepared to defend ourselves using all means possible."

Smartphone technology has spawned a wealth of patent litigation. Apple also has filed complaints against Samsung Electronics, which also uses the Android software platform. Apple recently settled a case against Nokia.
Android-based smartphones have outpaced iPhones globally but Apple is gearing up to launch a new iPhone this year, which is likely to give it a big boost.

Apple initially accused HTC of infringing 10 patents, but six were dropped from the case for various reasons. The ITC judge ruled that HTC infringed two of the remaining four.
The ITC is a popular venue for patent disputes because it can bar the importation of devices made with infringing technology. Often parallel lawsuits are filed in district courts to try to recoup any financial damages.

The case is at the International Trade Commission, No. 337-710.

http://www.guardian.co.uk/technology/2011/jul/18/apple-htc-android-patent-infringement

 

[C_R]

But HTC is much nicer than Apple imo.

 

[Yabaw]

Seems to me like Crapple are going after the handset makers rather than the Software makers to avoid fighting directly with Google.

 

[D.O.A.]

google exec fires back;

 

[Decent60]

Microsoft is using the old American 90's solution: Can't beat them, sue 'em!

 

[D.O.A.]

Microsoft is using the old American 90's solution: Can't beat them, sue 'em!

why microsoft got involved is pretty stupid, they are complete failures when it comes to phone OS's anyway. Apple are just patent trolls who are losing market share selling jesusphones, so they do the next best thing, make money off the android one. How the fuck can you patent a finger swipe. I will patent the action of putting a spoon to your mouth. No one eats soup unless a get $15 for every bowl served.

 

[Yabaw]

The patent system is completely broken. There are companies now that have been filing vague ass patents and then suing any company that has a product or service that falls into the murky grey area where things could be similar.

There was a guy a few years back that tried to patent the wheel to illustrate how ridiculous it was getting.
Now the latest company to fall foul of a patent troll is spotify.

 

[Decent60]

I thought the patent system had to be reviewed prior to being issued. Meaning that the item was strong enough to hold legal grounds.
It's actually getting bad in the world that even colours are copyrighted (and to a degree, it's fine). Companies should do it the proper way, hell they have enough $$ to invent or re-innovate something if they get their head out of their asses long enough to think like a business instead of a bank.

 

[Decent60]

why microsoft got involved is pretty stupid, they are complete failures when it comes to phone OS's anyway. Apple are just patent trolls who are losing market share selling jesusphones, so they do the next best thing, make money off the android one. How the fuck can you patent a finger swipe. I will patent the action of putting a spoon to your mouth. No one eats soup unless a get $15 for every bowl served.

If you used any micro$oft OS, they really take into heart of "if at first you don't succeed....fuck it up more until you figure out what you're doing"
Truly, since Windows 98, their only good release (that wasn't server side) was NT, XP and Windows 7; XP was still pretty touchy in the beginning but everyone ran to it because they bought ME.

 

[D.O.A.]

I thought the patent system had to be reviewed prior to being issued. Meaning that the item was strong enough to hold legal grounds.
It's actually getting bad in the world that even colours are copyrighted (and to a degree, it's fine). Companies should do it the proper way, hell they have enough $$ to invent or re-innovate something if they get their head out of their asses long enough to think like a business instead of a bank.

A lot of European developers are moving their apps, programs etc out of the US market to avoid being sued now actually. HTC wont sell it's phones there, simple. America is the one losing here, letting a few companies choose for everyone. Dumb countries like mine signed the DCMA and free trade and are subject to american patent rulings, even tho our own patent office stated apples 'finger swipe' patent lacks any real inventiveness behind it, it's like a patent on mouse clicks, apple never invented touch screens or fingers to begin with. A mouse controls any number of OS with the same movements. Ubuntu should patent clicking folders to open them and hire some real linux developers with the $$$$$.

 

[Decent60]

Here's a finger swipe for Apple......

 

[sincisor]

yeah, apple with break HTC thru lawsuits. after all, apple is larger than EXXON now ($$-wise). LOL.

 

[Yabaw]

Remember though, Micro$oft were the biggest company in the world at one point then the anti-trust and anti-monopoly suits and hearings started. It's only a matter of time before Apple are in the same position.

 

[sincisor]

i have a few mac's here. i have them as a direct result of uSoft releasing Vista. it was simply too awful to use. W7 was released and i mothballed the macs- well, one is allowed to serve music. their hardware is really top-notch. expensive, overengineered, not fast, but nice.

 

[Silo]

 

[Blaine]

The guy who wrote the article already said it: When American megafaggotcorps can't win by creating a product that's actually better, they hire attorneys and bean-counters to comb through stacks of obscure, ancient and/or imaginary laws and patents looking for something they can use as leverage, then try to litigate their adversaries to death.

Good people of Goregrish, either bow down to your new corporate overlords, or join with me in burning this entire bitch to the ground. Your call.

 

[Silo]

Good people of Goregrish, either bow down to your new corporate overlords, or join with me in burning this entire bitch to the ground. Your call.

[/QUOTE]

LET IT BURN !!!

 

[Silo]

 

[D.O.A.]

my htc phone finally got the official upgrade to the next latest android version, it's faster, it looks better, it's awesome.

Fuck apple and their evil sheningans

 

[yeeah39]

android app is shit...