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HTC "dismayed" that Apple is suing it for patent infringment, HTC Flyer and HTC EVO 4G in the mix

Posted: , by Daniel P.

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HTC
HTC's last year and CES 2011 handsets, plus the HTC Flyer are listed by Apple as infringing on five of its key patents, new info about the ITC complaint it filed recently reveals.

HTC's official reaction is also in, and Grace Lei, its general counsel, says: “HTC is dismayed that Apple has resorted to competition in the courts rather than the market place. HTC continues to vehemently deny all of Apple’s past and present claims against it and will continue to protect and defend its own intellectual property as it has already done this year.

We have two issues here - first, why is everyone using the phrase "vehemently deny" in these cases, and, second, why are we forced to become knowledgeable about patent law? We kid, but if the next step is HTC filing a counter-suit with the ITC, we could already start from the bottom in an IP law firm.

The phones Apple insists are infringing on five of its patents are all of HTC's 2010 and CES 2011 crop, from the HTC EVO 4G to the HTC Thunderbolt, plus the HTC Flyer tablet. The patents cited by Apple to be dragged through the mud by HTC are “application programming interfaces for scrolling operations”, “list scrolling and document translation, scaling, and rotation on a touch-screen display”, “programmable tactile touch screen displays and man-machine interfaces for improved vehicle instrumentation and telematics”, “double-sided touch-sensitive panel with shield and drive combined layer”, and “portable computers”. Some of these patents overlap with the complaint against Samsung Apple filed last week.

We don't want to stir controversy here, but the HTC devices listed are entirely of the Android variety, we have a hard time believing that the company's Windows Phone 7 handsets are not infringing on the exact same patents, as specified above, yet nary a say on those in the complaint. Not to mention HTC's had some of these features on its phones since the dawn of WinMo, and certainly before 2007. Fun stuff, and Apple's chief patent man rumored to be leaving the company makes it even funnier.

source: FOSSPatents & SlashGear

65 Comments
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posted on 12 Jul 2011, 04:30 6

1. Dark4o90 (Posts: 205; Member since: 20 Feb 2011)


Apple again hahahahahahahahhahahahahahahahahhahaha (rofl) fools "portable computers" hahahahahahahahahahahah ooooooooooooooooooooooooo just killing me sooo they sue every company

posted on 12 Jul 2011, 08:56 5

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


me too! hahaha.... but keep in mind... they only sue phones with Android in it. WP7 phones are not included which means.... they dont take WP7 phones as threatening as Android. hahah Apple. rot now!

posted on 12 Jul 2011, 09:23 6

37. remixfa (Posts: 14255; Member since: 19 Dec 2008)


if u cant beat them.. sue them into submission.. the apple way.

Thats why androids shares have gone to over 50% of the smartphone market place and apples have shrunk to what.. sub 20s in the last report?

their going backwards and instead of innovate, they are blatantly ripping off android with iOS5 and then keeping everyone so busy with lawsuits they hope they wont notice.

Google just needs to sue the crap out of apple and put them in their place.

posted on 12 Jul 2011, 13:10 1

45. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@remix. What did you say? "if you can't beat them"? Hahahahahaha. Evo and aThunderbolt sales combined do not exceed ip4 sales alone, and you say that Apple can't beat them? You are funny. Android shares have gone over 50% alright, but consisting of how many devices and manufacturers? The Apple iphone is still the bestselling smartphone model. If Apple is ripping off android with iOS5, then let them sue Apple. But they, won't. Because google knows that they're the ones copying and stole ideas from Apple when they were still a member of Apple's board.

posted on 12 Jul 2011, 13:35 2

48. Tom (unregistered)


Please dont compare phones that have been out for a year (Evo) and 4 months (Thunderbolt) to Iphones that have been out for 4 years. C'mon man stop being such an Apple fanboy and come to reality. Apple has done a great job for the past few years but face it, other phones have caught up to the popularity. Other phone have better specs and exceed the capabilities of IPhones. If Apple doesnt start to pick up their game, you will continue to see their market share drop. You need to also relaize that Apple is shaking in their boots, thus they are suing competitors for rediculous reasons. Jump off the bandwagon and please look at these issues from a different point of view......not Steve Jobs.

posted on 12 Jul 2011, 05:18 15

2. OsirisRa (Posts: 46; Member since: 17 Dec 2010)


I'm sure Apple is still upset with the ruling they lost against Nokia. Now that they have to pay Nokia royalties for every phone they sell for steaiing Nokias technology. Lol, right now I'm loving my HTC Sensation even more, lol.

posted on 12 Jul 2011, 05:59 3

3. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


Yeah, because we all know that's the only way Nokia will make money since they sure as hell can't make any off their horrible devices and severely outdated software.

posted on 12 Jul 2011, 07:25 8

11. remyrz (Posts: 203; Member since: 28 Oct 2010)


well, apple stealed from that ''severely autdated software'' for some reason :)

posted on 12 Jul 2011, 09:06 1

32. hepresearch (unregistered)


haha... Yeah, Symbian S60 3rd Edition was AWESOME! Well, was... so was Symbian Series 80 2nd Edition, in fact that might be my personal favorite. If I was Apple, I would have copied it, too, but I think most of Apple's problem had to do with radio access tech and hardware. If I am remembering correctly...

posted on 12 Jul 2011, 07:22 1

10. hepresearch (unregistered)


Apple can't possibly care too much about losing to Nokia... that settlement was small potatoes compared to other things that are going on. When Nokia goes under, Apple could easily buy their remaining patent portfolio if they want to. Then you would be dealing with Apple having patents from both Nortel and Nokia, in addition to the generally ambiguous ones they got for themselves, like "touch screens", "gestures", and "portable computers"... lol

posted on 12 Jul 2011, 08:58 1

29. iSheepHunter (Posts: 55; Member since: 07 Jul 2011)


Lol, if Nokia goes under there would be a HUGE war between the companies.

posted on 12 Jul 2011, 09:08

33. hepresearch (unregistered)


That's why I think they are setting it up to happen that way, at least that's what it looks like from where I'm lookin'...

posted on 12 Jul 2011, 06:01 4

4. hepresearch (unregistered)


I dislike it as much as most everybody else, but lets call a spade a spade here... in order to compete with Apple's invincible business model, every other OEM is having to follow in their footsteps. Consumers everywhere are voting in droves with their dollars to show their typical product preference for anything that has a capacitive touch screen (with multitouch and gestures support), 3.5" or larger display, web and GPS connected, and a super slim frame and body. There are certainly variations on this, but typically we find that the best sellers are in this overall category of products, and the chief product among them, since 2007, has been the iPhone. I do not like the iPhone a whole lot, and honestly the attitude of some individuals who own them really turns me off; however, when I have to admit that I can scramble the screen on every sub-1.2 GHz/non-dual-core Android phone I've ever played with, but can't do the same to an iPhone 3Gs from 2 years ago or an overpriced 800 MHz single-core iPhone 4, I have to say that Apple has got something very very right... kind of like my old Nokia E75 (369 MHz single-core) versus my friend's Motorola DROID (550 MHz single-core) was a complete victory for my E75 in nearly every performance comparison test we tried over a half a year. This is why, if I ever buy an Android phone, it will not have a large high-resolution screen, nor will it lack a physical keyboard, nor will it have 4G support of any kind. I'll stick with VGA-HVGA, 800 MHz or less, physical QWERTY, 3G only, cheap Androids... but not an LG, Pantech, or Casio model, and most certainly not a Huawei model. Or maybe I'll get an HP Veer. Otherwise, it'll be a feature phone for me.

So, naturally, Apple is suing anyone who tries to make something that has the slightest resemblance to an iPhone. They are at least trying to protect their business model from copy-catting... even if their product technology is not being copied directly. If it keeps going at the current rate, then I will not be surprised if someday the iPhone will be the only phone available (other than some cheap Huawei or ZTE lookalike model that hangs onto marginal market-share for dear life).

posted on 12 Jul 2011, 06:41 4

6. SuperAndroidEvo (Posts: 4857; Member since: 15 Apr 2011)


There were touch screen phones before Apple. Look it up! There were tablets before Apple. Look it up. If Apple can copy those ideas, WHY CAN'T OTHER PEOPLE DO THE SAME THING? Like I always say, if it's good for Apple then why isn't it good for everyone else? In one single word to describe Apple, “HYPOCRITES”. Just face it Apple is very fearful of both HTC & Samsung. That is the ONLY reason why they resort to banning them. They know HTC & Samsung are 2 juggernauts who are invading their turf. Instead of making a better product Apple is just wasting time in court. Apple is getting beat at its own game, & they don’t like that!

posted on 12 Jul 2011, 06:59 1

8. hepresearch (unregistered)


Of course there were touch screen phones and tablets before Apple... like the HTC TyTN, Wing, Mogul, etc., Sony Ericsson P810, Motorola Ming, LG Prada, and so on... but Apple did make the touchscreen much much more popular somehow. I'm not saying that Apple didn't copy anything, either... they just clean got away with it is all. IF Samsung or HTC actually copied anything from Apple, the fact is that they are guaranteed to NOT get away with it because some quazi-paranoid someone is now bothering to watch extremely closely. Apple wouldn't litigate out of stupidity... there is something going on that justifies their actions logically, whether they are right or wrong. They have something to gain from this. Something not so obvious, I think.

posted on 12 Jul 2011, 07:19 5

9. SuperAndroidEvo (Posts: 4857; Member since: 15 Apr 2011)


Ok what about FEAR then. Can that be a reason why Apple is doing this. Can they see that they can't compete with HTC & Samsung. Can they internally amongst themselves see this. If Apple truly had a better product they wouldn't care what HTC & Samsung do. You are right something is making Apple do this. We as bloggers are speculating. HTC & Samsung make Android phones & Windows phones. Apple by itself can't compete with them. Apple STILL has yet to release the iPhone 4S or 5. BOTH HTC & Samsung are already hard at work with the successors to the HTC Sensation, HTC Evo 3D, & the Samsung Galaxy S II. Maybe Apple sees this & that is why they are resorting to banning them both. Apple is so behind the 8 ball on this. Apple has some balls, they can copy, for instance the new notification on iOS 5 ala Android, cloud services that already have been out, but no one else can do the same. Please every phone does pinch to zoom, so why not target the industry. (that was just an example) Apple is targeting the 2 MOST direct competitors HTC & Samsung. It looks very fishy & it only makes sense because both HTC & Samsung are dropping high quality phones like water from a water fall.

posted on 12 Jul 2011, 07:34 3

13. hepresearch (unregistered)


Fear? Apple has too little to fear right now. I wish Apple would actually be afraid of something or someone, but I doubt that they are. If Apple was afraid of Samsung or HTC, they could just buy them both, even at inflated share prices, with existing cash-on-hand... threat eliminated!

Apple is in the process of "eating the elephant"... just one bite at a time. They are doing it slowly, and just with one or two of their competitors at a time. Nokia sued Apple first! When Apple sued Nokia, the largest phone manufacturer in the world at the time, back, Nokia ended up imploding within a year. The "threat" eliminated itself, so Apple stopped wasting time on the Nokia litigation, and allowed Nokia to win a tiny little settlement and some royalties. Then Apple turned their sights onto the up-and-coming number 2, Samsung. Apparently the litigation is sufficiently easy (possibly thanks to biased ITC members in the US division) that they have decided that they can take on HTC at the same time.

Notice that while competitors like Samsung, HTC, Motorola, LG, etc., are cutting prices on their products (and Nokia is just SLASHING prices left and right...), Apple has never budged on their pricing structure. Apple is clearly not afraid, which I find to be a bad sign in my opinion.

posted on 12 Jul 2011, 07:40 4

14. NeXoS (Posts: 288; Member since: 03 May 2011)


FEAR = 15% maeket share and DROPPING!

posted on 12 Jul 2011, 07:46 2

15. iSheepHunter (Posts: 55; Member since: 07 Jul 2011)


"If Apple was afraid of Samsung or HTC, they could just buy them both, even at inflated share prices, with existing cash-on-hand... threat eliminated!"

Apple could never buy Samsung and HTC. They do not make THAT much money and I doubt the FCC would let that happen AND Samsung makes more money than Apple.

Minus ALL the court fees Apple is paying AND minus all the money they're losing from getting sued and minus the royalties they already pay.

I don't even think these fees are taken into account when people talk about how much money Apple makes.

posted on 12 Jul 2011, 08:12 4

20. hepresearch (unregistered)


"Apple could never buy Samsung and HTC. They do not make THAT much money..."

Apple is sitting on $70 billion in cash-on-hand alone. Samsung and HTC, combined, have a cumulative market cap considerably less than that. Even if stock holders of Samsung and HTC demanded their stock be sold for 50% over market value, Apple could still buy them out. And that would be without augmenting Apple's own stock at all. Don't like what I've said? Check the stock market, and find out for yourself.

"... and I doubt the FCC would let that happen..."

Since when did the FCC have jurisdiction over international corporations based in South Korea and Taiwan?

"... AND Samsung makes more money than Apple."

Simply impossible. Apple sells only 4% of the mobile devices in the world, and makes nearly 50% of all profits in the entire industry. Look up the latest surveys and see for yourself.

"Minus ALL the court fees Apple is paying AND minus all the money they're losing from getting sued..."

Small potatoes, my friend... Nokia won, um, way under a billion dollars from Apple. Hardly a dent in their deep pockets... and the other settlements were even tinier.

"... and minus the royalties they already pay."

That gets included in operating costs. It does not come out of the cash-on-hand piggy bank.

"I don't even think these fees are taken into account when people talk about how much money Apple makes."

If Apple needed to make their profits bigger, they would change their pricing one way or another... either by lowering them and selling higher volumes of handsets, or by raising them and relying on loyal and/or existing customers to continue to buy steadily. Once again, these fees do not come out of Apple's cash-on-hand, and they are definitely still making a huge profit. The $70 billion isn't going anywhere yet.

posted on 12 Jul 2011, 08:47 1

25. iSheepHunter (Posts: 55; Member since: 07 Jul 2011)


Lie, Samsung makes waaaay more than that. Apple makes more than HTC AND Samsung... Now you're just being crazy.

And I think when operating costs go empty they resort to cash on hand, and vice versa.

posted on 12 Jul 2011, 11:26

43. anirudhshirsat97 (Posts: 408; Member since: 24 May 2011)


you do know that samsung is MUCH bigger than apple right? not talking about just their mobile division..

posted on 12 Jul 2011, 13:32 1

47. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Yes, Samsung is bigger than Apple in terms of product line, but not on profit. For every product line, there are costs involved. You know that right? 90% of Apple's product lines are very profitable. Just recently there were news that Samsung is struggling as a company. Apple is not. Also, Samsung has billions of debts. Apple has ZERO debt :)

posted on 12 Jul 2011, 08:12 3

19. SuperAndroidEvo (Posts: 4857; Member since: 15 Apr 2011)


Nokia is not eliminated. They reason Apple didn't win against Nokia is not because they stopped as you say, it's because Nokia's patent portfolio is just to beastly & Apple could never win against that. That is why Apple gives royalties to Nokia. Now that patent portfolio is with Windows if you haven't noticed. Windows makes so much money from Android sales that they can double their investment into Windows phone 7. Apple does have some cash in hand, but Samsung it too big for Apple to buy, & HTC is getting huge also. No one would ever allow Apple to buy those companies because then Apple would be almost a monopoly. They would break them up like they did all the Bell companies from before. I don't see Samsung, HTC, Motorola, cutting prices. I do see LG & that is the only thing you are right about. Apple knows people will buy at that price because that is all Apple has to offer. When HTC, Samsung, & other companies make so many phones for so many carries of course some prices get slashed but only on the older model, NEVER on the newer model. Since the iPhone 4 came out Samsung released the Samsung Galaxy S & the Samsung Galaxy S II. It’s been over a year & STILL no iPhone 4S or 5. HTC & Samsung are hard at work with new Android & Windows phones. Don’t sleep on Windows, they are making great products too. Apple is so big & fearless they why ban, why not beat them with a better product?

posted on 12 Jul 2011, 13:56 2

49. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


How many times have I already posted how much Apple and Samsung are worth? Do you want me to post the most recent figures again? Apple is worth way more than Samsung. Apple is the largest tech company on planet earth. Microsoft is second.

posted on 12 Jul 2011, 15:54 1

61. SuperAndroidEvo (Posts: 4857; Member since: 15 Apr 2011)


530gemini Samsung sells & makes everything.
Here is a short list of their products:
1) Shipbuilder
2) Financial
3) Chemical
4) Retail
5) Entertainment
6) Flash memory
7) Aviation
8) Optical storage
9) Mobile phones
10) Smartphones
11) Hard disk drives
I think you are only talking about their mobile division. Samsung is a GIGANTIC Company out of Seoul, South Korea! As per Wikipedia! Last date modified 07-12-11.

posted on 12 Jul 2011, 07:55 1

17. hepresearch (unregistered)


-2? Really? How cute!

These "fanboy wars" are hilarious. The iFans seem to think, "If it looks like an iPhone, smells like an iPhone, or works like an iPhone even remotely... it must be an iPhone!" Therefore, they think that everyone is copying Apple's so-called "original" ideas. The Fandroids, on the other hand, seriously seem to hate the iPhone and Apple, think that Steve Jobs is the Emporer and that Apple is the Empire (which might not be too far from reality in some ways, but still... rediculous), and also seem to think that Android is so superior, customizable, and awesome. It reminds me of politics... Democrats and Republicans... both sides think that they are right and the other is wrong, and yet nobody seems to consider the idea that perhaps they are just two different heads on the same freakin' beast. And now that Apple is clearly not bothering to include WP7 handsets in the suit, and some Android-favoring OEM's are also trying out WP7 themselves, it makes me wonder if the Apple/Google monster is growing a third "Microsoft" head. Symbian and Meego have been blown out of the water... Blackberry/QNX is next. WebOS? Who knows... I try not to be a conspiracy theorist, but something sure looks funny from where I'm sitting!

posted on 12 Jul 2011, 08:02 2

18. iSheepHunter (Posts: 55; Member since: 07 Jul 2011)


I don't even think your comment got rated down because of fans.

It probrably got rated down becuse you said Apple Could buy HTC and Samsung, which is a HUGE lie that gets people annoyed. When people say that Apple could jsut buy other companies it makes them souind like a huge iSheep and idiot.

I don't think you meant to come off that way thoughhhh

posted on 12 Jul 2011, 08:28 2

23. hepresearch (unregistered)


Have you looked at the market caps and cash-on-hand reports? I don't rely on other bloggers here for trading alerts, statistics, or financial advice. Likewise, I do not expect you to believe anything I say on here just because I said it. I like reading opinions, whether I agree with them or not, and sometimes have very vehement opinions of my own, and as far as I am concerned, I am okay with that. When I am looking for more reliable stuff, I go to original sources as much as possible (granted, sometimes you never know when they might be spinning something for their own gain, but they are generally more reliable than any of us are).

I did not mean to come across as a "huge iSheep" or whatnot... I apologize if I did, though. I am seriously NOT an iFan by any means, but I'm not a Fandroid either. If I had to pick one, though, I would probably take a cheap Android handset first.

posted on 12 Jul 2011, 08:52 1

26. iSheepHunter (Posts: 55; Member since: 07 Jul 2011)


Lol, okay, just making sure.

Everything I've read about Samsung quarterly's says they make WAYYY more than Apple. I don't get my facts from bloggers, I look into them and research them, and my research showed that Apple could never buy Samsung. Vice versa? Maybe.

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