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Apple files another complaint with the International Trade Commission against HTC

Posted: , by Daniel P.

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Apple files another complaint with the International Trade Commission against HTC
And the tug of war between Android and the rest of the mobile platforms continues, dear spectators! Apple has filed another complaint with the US International Trade Commission (ITC), this time aiming to ban HTC products from being distributed in the US.

Last week, the same action was taken against Samsung, citing five patents Apple holds. HTC has its counter-claims suit against Apple, too, from back in May, which asks for banning Apple's products. Samsung, in its turn, also filed its own complaint with the ITC, withdrawing from the lawsuit in California. The reason to go to the ITC is that the commission's cases take months for a verdict, as opposed to years with other courts.

Of course, these lawsuits are extremely unlikely to end with a ban, only some sort of settlement between the parties involved, but you never know which side of the bed will the judges wake up on the given morning. The mobile industry patents game is so red hot lately, that even the Feds are supposedly looking into the Nortel patent deal, where a consortium of six companies (Apple is one of them), that usually compete, won the bid paying five times what Google offered initially.

Back in April the ITC staff sided with HTC for the first complaint, which was filed by Apple in March, which likely means a defeat for the first case when the results come August 5th; that might be the reason Apple is filing another one now, since HTC might get some patent protection with its purchase of S3 last week. The ITC already backed Nokia against Apple, which had to settle, resulting in a nice chunk of cash for the Finns, plus recurring payments from each iPhone sold, but, of course, Nokia's patent portfolio is much stronger than HTC's.

source: FOSSPatents

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posted on 11 Jul 2011, 10:05 19

1. THETRUTH (unregistered)


Why does it seem as if Apple is attempting to ban its top competitors from selling phones???? Out of high end smartphones Apple, Samsung, and HTC are pretty much it right now. It seems like a bad business practice to me, I really hope that they dont win because it seems they are trying to monopolize the cellphone market and force everyone one into overpriced underperforming unreliable Iphones.

posted on 11 Jul 2011, 22:38

57. daniel_bargs (Posts: 325; Member since: 27 Nov 2010)


haha i agree with you.

i was reading this article while smiling haha. banning products is the same as "hey close your company!" haha

posted on 11 Jul 2011, 14:25 3

19. messiah (Posts: 438; Member since: 19 Feb 2010)


I find it interesting that they are trying to ban companies from the states claiming patent trade infringements.... yet Apple is currently in China working out deals with the nation that has copied and ripped off Apple more than any company has. They are such hypocrites

posted on 11 Jul 2011, 10:24 3

2. mtsmedly (Posts: 1; Member since: 11 Jul 2011)


It's not so much that they are trying to ban the sales of other phones, but that they are fighting to not repeat what happened in the Windows/Mac competition with smartphones.

Basically Android is doing what Microsoft and Windows did to Mac. They worked together closely at the beginning. (Google sitting on Apple's board) And then Microsoft took a lot of good ideas Apple was working with, and made their own product but marketed it differently (Google gives Android away) and then Microsoft becomes a run-away success (as has Android).

The biggest difference here so far is that Apple was able to establish themselves as a dominate force in the smartphone world long before Google could get a foothold, hence they have a lot of patents for it. They are going to use every weapon they have to make sure the iPhone platform remains one of the dominant players in the smartphone world.

posted on 11 Jul 2011, 11:15 2

9. ngo2dd (Posts: 896; Member since: 08 Jul 2011)


The different here is that Apple is suing over software against HTC. HTC don't own any of the android software. Sense look nothing like iOS. They HTC been making smart long before Apple has. If Apple was really serious about this then they would start suing google not the OEM.

posted on 11 Jul 2011, 12:16 3

14. corps1089 (Posts: 492; Member since: 20 Jan 2010)


I am in now ay condoing Apple's actions, but it's easier to gain leverage against a manufacturer smaller than you like HTC to Apple rather than try to take on the giant Google. Also, Google is within the US while HTC is in Tiawan. Apple can then try the injunction route to effectively ban products which, if granted, would be a death knell to a manufacturer due to the short life cycle of today's smartphone.

Apple is playing dirst by moral standards, but fair by most business standards and is using thier foresight in using the weak system by applying for anything they can slap a patent/trademark on where HTC didn't have the foresight to do so. HTC has been doing smartphones for far longer than Apple has, but wasn't so patent happy. I wouldn't be suprised to find out that htc changed thier name from High Tech Computers to htc since Apple probably trademarked that that too.

posted on 11 Jul 2011, 14:39 2

22. stealthd (unregistered)


Google doesn't sell a product (sort of). HTC does. That's the real difference. It doesn't matter that HTC doesn't own Android, they sell a product that uses it and that's what matters.

posted on 11 Jul 2011, 15:52

30. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


But those Chinese iphone knock offs are not sold in the US, so Apple could not really care.

posted on 11 Jul 2011, 10:25 3

3. Hallucinator (Posts: 387; Member since: 24 May 2010)


my biggest problem with this is that I don't know what a compaint is

posted on 11 Jul 2011, 10:45 5

4. christianqwerty (Posts: 467; Member since: 05 May 2011)


Medly is right, this is just like Mac (ios) and windows (Android) everyone has a PC because they are cheap, you can customize, ECT. Acer, Dell, gateway, hp, is just like Samsung, HTC, LG,. I don't blame Apple for suing everyone, but now people has more reasons to hate them;

posted on 11 Jul 2011, 11:00 8

5. gallitoking (Posts: 4721; Member since: 17 May 2011)


dam I havent had my coffee yet and Apple is already up to their old tricks...

posted on 11 Jul 2011, 11:06 10

6. Sniggly (Posts: 7305; Member since: 05 Dec 2009)


The problem with the logic here is that hardware wise, Apple showed up very late to the game. And Android only came out a little over a year after the iPhone was released. Android was being worked on much longer than the iPhone was; we may never know whether a graphic interface like what Android has today was already planned before the iPhone, but judging by the fact that general rows of icons were where the industry was headed, it's a fair bet that Android wasn't even close to a complete ripoff of the iPhone.

I'll go with the surface conclusion, which is that Apple doesn't want competition whatsoever. They have sued everyone else in the mobile market, some multiple times. Their claims are shaky at best and completely laughable at worst.

Expect the lawsuits against Microsoft to increase if predictions hold true and Windows Phone 7 takes off.

posted on 11 Jul 2011, 13:18 4

17. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Another worthless comment by Sniggly.


Android was being worked on much longer than the iPhone. What are you basing this on? According to Steve Jobs Apple worked on the iPhone for 3 years before it was released. That would mean in 2004. Was android in production in 04? Apple total revolutionized the interface on smartphones and how we interact with them. You think google just happened to discover the same thing at the same time?


Come on man. I know you're a troll and want so badly to prove that android is better, but at least try to make some sense when you comment.


Apple's claims are laughable? Have you actually read what they've submitted to the courts to make that claim?

posted on 11 Jul 2011, 15:57 5

31. Whateverman (Posts: 3284; Member since: 17 May 2009)


Oh my gosh, do you ever read or research anything before you start mouthing off? Ever heard of Google? Wikipedia? The library?

It came straight from Steve Jobs own mouth in 2007 that he has been working on this (the iPhone) for 2 years! 2! One, two! that would mean 2005!

Android was already in development before Google bought the company. There is even video to support both of these statements. Do the research next time, BEFORE you post.

posted on 11 Jul 2011, 16:07 5

33. SuperAndroidEvo (Posts: 4888; Member since: 15 Apr 2011)


I was just about to say EXACTLY what you just said Whateverman! Thank you for saving me from dropping that hammer on taco50's uninformed little mind! lol

posted on 11 Jul 2011, 16:24 4

36. AndroidOS (Posts: 100; Member since: 21 Jun 2011)


The claim against GetJar was actually pretty laughable. :)

posted on 11 Jul 2011, 19:51 1

43. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Wow you're all really pathetic if you can't see Apple was the trendsetter with iOS.

posted on 11 Jul 2011, 19:59 2

45. AndroidOS (Posts: 100; Member since: 21 Jun 2011)


What trend?

posted on 11 Jul 2011, 20:17 1

46. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


http://blog.ziggytek.com/2010/07/10/android-os-did-google-copy-the-iphone/

Here you go. Google acquired android after Apple started working on the iPhone. Also check out how radically google vp hanged the design of their phone to compete with Apple.

posted on 11 Jul 2011, 20:25 1

47. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Basically everything android is was copied from Apple.

posted on 11 Jul 2011, 21:03 2

50. E.N. (Posts: 2610; Member since: 25 Jan 2009)


Whether or not Android was a complete rip-off of Apple we may never know. But sometimes I feel like people (not you in particular) feel that just because Android Inc "existed" before Apple that removes any chance of Android copying Apple. I'm pretty sure that what existed in 2003 was merely and idea. Just looking at how simplistic and unprepared the G1 was for the public should be perfect example of that.

The device probably wasn't going to be touch screen, there probably would have been some kind of a store to get music/applications maybe, the web browser probably wasn't going to be webdav, etc etc. So yes Android "existed" before iPhone but I'm sure the launch of iPhone in June 2007 heavily influenced the G1 launch 14 months later.

Many of the lawsuits are definitely laughable, but don't be surprised if Apple wins some of them. One that I think (and hope) Apple may win is the ongoing battle with pinch-zoom. I feel like they went through all that trouble and to watch their competitors put it on their devices probably was a slap in the face. Same thing with touch to focus on camera. When they previewed that in their keynote, the first thing that came to my mind was "In only a couple of months, this feature will appear on other devices"

I feel like the only company coming up with very smart ideas is Apple. Android is all about processors, megapixels, 5.5 inch screens, etc etc, but I think Apple is more about novel ideas like multi-touch, massive store for applications, first full web-browser on your phone, visual voicemail, touch to focus camera/video, trimming videos directly in camera, iMovie and recently multi-touch cut&crop and the reminders application that sends you notifications when you leave somewhere or arrive at location all done through gps (probably my favorite feature in iOS5)

And almost all of these features will be JACKED! if they haven't already, lol. And then in defense people say things like "Well pinch-zoom is the best and most natural implementation of multi-touch so its not fair to patent." Well the reason why Apple wants to patent is because it is the best implementation! Patents exist so that people/companies won't steal your great ideas!!

posted on 11 Jul 2011, 21:12 4

51. Whateverman (Posts: 3284; Member since: 17 May 2009)


How long did you have to look for a blog that would support your theory? I'm gonna stick with these two links that took me all of 30 seconds to find. Here have a look...

http://en.wikipedia.org/wiki/IPhone http://en.wikipedia.org/wiki/Android_(operating_system)
Or would you be more open to believe it if you heard it from Steve Jobs himself? Have a look at this video where he says "I have been looking forward to for two and a half years.". And before you even go there, that would put it at January 2005, not late 2004.

http://www.youtube.com/watch?v=ftf4riVJyqw&feature=youtube_gdata_player

posted on 11 Jul 2011, 21:44 2

52. biophone (Posts: 1994; Member since: 15 Jun 2011)


That speech by jobs was at macworld convention on Jan 9 2007. Two years prior to that would mean Jan 2005 then 6 months prior to that July of 2004 before google got android. Android designs changed after apple iPhones came out. It's obvious.

posted on 11 Jul 2011, 21:58

53. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


ok so in the video he says 2/5 years and that was January of 2007. That would mean Google purchased android after Apple started working on the iPhone. Did you see the drastic design change in android to mimic the iPhone? You can't be this blind to deny that android did some major copying of iPhone and iOS early on.

As far as sniggly I was just pointing out that he was making baseless claims. Baseless because he has no knowledge of what he's commenting on and passing judgement on.

posted on 11 Jul 2011, 23:33 2

58. Sniggly (Posts: 7305; Member since: 05 Dec 2009)


Taco, the only major change Android made was to make the touchscreen the dominant feature of the phone. Even if what you say is true, Google made the changes before the lasting popularity of the iPhone was known. They saw that touchscreen dominant phones were viable, so they went with it. Other than that, the iPhone and early Android phones were almost nothing alike. And even Apple wasn't first to the table on that one.

So Taco, do you think all carmakers should come up with different means of propulsion on their cars, like treads or legs? (This is, of course, disregarding how kickass owning a tracked vehicle would be). Touchscreens are a good, clean, cool way to receive input from the user, and have been dreamed about as early as the writing of Jurassic Park. Android came up with something fundamentally similar, but very different once you actually get down to the details of the interfaces and the hardware of the phones.

posted on 11 Jul 2011, 23:55 2

59. Whateverman (Posts: 3284; Member since: 17 May 2009)


Sorry mixed my own dates up. July 2004, but now when was Android Inc founded? 2003? Who cares when Google purchased the company, Rubin was developing Android from start to finish. Google bought a company that was already developing the software, and it was then and is still evolving unlike iOS.

Now HTC has been doing touchscreen phones looooooooong before the iPhone was created. So when HTC joined the open Handset Alliance, they took that software and applied it ti the style of phones they had much experience with and you get the G1. They didn't need to copy Apple because Apple had already copied them.

posted on 12 Jul 2011, 00:24

60. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


The statement of android is evolving and iOS isn't is laughable. What major improvements or game changers are in 2.3 for example?

You really are a troll but try to hide it.

posted on 12 Jul 2011, 00:43 3

61. Whateverman (Posts: 3284; Member since: 17 May 2009)


I do believe Apple has a point with the pinch to zoom feature, that just can't be denied and I think Motorola, HTC and others will eventually have to pay up. But tapping the screen to do anything just seems natural. If you have ever used a Blackberry you know you had to double tap the screen to zoom in on the browser, so to apply that or a single tap to a camera or any other app just sounds like a natural extension to what was already available.

As for the G1 and the original iPhone, both phones impressed me very much with the iPhone ahead by a noise. But as each developed over time, to me, they became very different creatures. Apple offers the best LOOKING device of any manufacturer including the OS. The glossy icons, the minimalist approach to the hardware. And the best example of how little iOS offers is what it can do out of the box. It does very little until you set up an iTunes account. Once you have iTunes, you have access to tons of useful apps that other companies and developers have created. But Apple gives you nothing.

When I look at Android, I see a very nice looking OS that isn't as glossy, but every bit as nice. And out the box I have a lot more I can do on an Android. I didn't have to wait until I had access to a computer to do something with it. But once I did sign into my Gmail account, I got a ton of useful apps there too but I also got more apps by the developer of the OS. That may not be important to most iOS users but I can't tell you how good it feels to see the look on an iPhone users face when I speak plain English into my Droid X, and it does what I told it to do. Ex, I can press a button and say "text message my wife. Baby, I'll be home in 10 minutes.". Either two things will happen, either they'll look at my phone to see if it really did it. Or they say "can I do that on my iPhone". Then I'll smile and say "No, sorry. This is a Droid.". Either way, the iPhone user usually is dead silent with a WTF look on their face.

posted on 12 Jul 2011, 00:48 3

62. Whateverman (Posts: 3284; Member since: 17 May 2009)


The entire Android OS was a game changer. Are you expecting a game changer with every update. As an iOS user, you shouldn't. And again you have proven yourself to lack any knowledge of anything except what has been spoon fed to you by Apple and SJ.

BTW, can you express any kind of thought, feeling, or opinion without using the word troll or fanboy? It's funny, because I have no problem doing it, why don't you give it a try.

posted on 12 Jul 2011, 00:49 2

63. Sniggly (Posts: 7305; Member since: 05 Dec 2009)


Well, Taco, why don't you have a look see for yourself?

http://en.wikipedia.org/wiki/Android_version_history#2.3_Gingerbread

It's not the most major release ever, but it's still significant.

And the changes in the overlays, especially Motoblur and Sense, are drastic too. Even though you can put an old Blur phone alongside a new Blur phone and still tell that they're from the same source, there are a LOT of differences. Shall I give you a list of changes in Motoblur?

1. More animations, including during change of screen orientation.
2. Changed color scheme, dark blue accents instead of white.
3. Changed interface for contact list.
4. Up to three customizable home screen profiles.
5. Launcher changed completely; app drawer is on the right, with three customizable icons. (you can swap out what's there for other apps-for instance, the texting icon can be replaced by the browser)
6. The app drawer can now be split into app groups, which are completely customizable. For instance, if I'm handing my phone to my nephews so they can play games on it, I switch the group to "Games" so they don't have to scroll through all of my apps to find them.
7. Widgets now fill up the screen when you select them, cover flow style interface to switch between cards.
8. The social updates widget now has an option to go directly to a list of all updates.
9. "Helicopter view" of all home screens when home button is pressed while on the middle screen.
10. Ability to eliminate individual notifications from app tray.
11. Improved app manager.
12. Ability to save a phone number just entered by keypad as a contact.
13. Multiple calls by the same contact are collapsed under single headings in the recent calls list.

So yeah, evolution definitely happens with Android and its hardware manufacturers.

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