HTC had shipped blocked phones with Apple patent work around; release coming?
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So this should clear everything up and lead to the instant release of all of those poor smartphones cooling their heels at Customs, right? Well, Apple could claim that the work around still infringes on its patent. If HTC's work around is sufficient, well, we see no reason why the phones couldn't hit the States by Friday.
source: TheVerge via Phandroid
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Apple's patent on this feature led HTC to use this work around on U.S. models(R) | |
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68 Comments
1. I_Slap_Fat_Kids posted on 17 May 2012, 01:11 5 6
I don't see how the joke is on Apple...
I see it hurting HTC and Sprint more than Apple for sure.
5. Droid_X_Doug posted on 17 May 2012, 01:36 12 2
Well, the joke would be on Apple if the work-around is found to not infringe Apple's patent claims language. There is a very specific functional ban that has been approved. If the HTC handsets do not operate in violation of the ban, they get to move out of Customs. And Apple gets to suck on a rotten egg.
10. I_Slap_Fat_Kids posted on 17 May 2012, 02:00 2 3
But that in no way is bad for them. Apple probably knew that they had not included that software, and, from the looks of it, they are going to push back the release by at least a few days.
The only ones in jeopardy here are HTC, Sprint, and AT&T to an extent.
12. Droid_X_Doug posted on 17 May 2012, 02:50 8 0
It is bad for Apple if the HTC handsets quickly leave Customs and go to market. Apple is trying to slow-march the smartphone market until probably late Summer, 2012 when the iPhone 5 is supposed to be announced and Fall, 2012 when the iPhone 5 ships. Sales of competing handsets in the interim are sales that could have gone to an iPhone 5 had they not gone to HTC, Sammy, and, and, and.
Right now, the game for Apple is delay, delay, delay.
32. remixfa posted on 17 May 2012, 06:50 4 0
very true.
Also, if the phones are not actually breaking the patents, it give Apple a bit of negative press.. again.. for being an aggressive bully.
50. downphoenix posted on 17 May 2012, 11:24 0 0
No it doesn't. It does amongst us Android elites, but the masses will still love and praise Apple and will never hear of this story, or will go in fanboy defense mode if they do hear of it.
60. gallitoking posted on 17 May 2012, 16:56 0 1
dount outside of fandroids anyone thinks Apple is a bullied.. when HTC was the one criticed for not doing anyhting about it
36. I_Slap_Fat_Kids posted on 17 May 2012, 06:57 0 0
Do you really think this could have delayed the shipment for four months?
Even if it did have copyright infringing software on it, another shipment would arrive here and get through customs a month later and a half, tops.
49. downphoenix posted on 17 May 2012, 11:22 2 0
The thing is, the patent is retarded in the first place. And Im sure that "clicking a link and getting to choose from different options" has been around since any kind of user interface has been around. And how is it even a patentable function?
6. Commentator posted on 17 May 2012, 01:38 11 0
It's a grim time when government commissions operate at the whims of billion-dollar corporations like Apple. HTC did nothing wrong, but they'll be paying millions of dollars per day that the One X and Evo isn't available.
My original stance was that Apple was little-to-blame for the current situation. After it came to light that Apple requested the halt, most of the blame is on them. They could have requested the ITC investigation any time over the last month, but they waited until the last possible moment. This smells of anti-competitive behavior, and an abuse of government authority. (Although why HTC didn't confirm with the ITC that their product was compliant months ago is beyond me. They really dropped the ball on that one, and Sprint suffers because of it.)
48. BREvenson posted on 17 May 2012, 11:04 0 0
My guess is that HTC didn't expect the ITC to be on them mere days before the release, and they also didn't expect to have to physically prove their product didn't infringe on the patent. If that's the case, then HTC could have done a little more to keep it from geting to this point.
Looking at the big picture, though, the blame does fall on Apple. They chose to go after them at the last possible moment, and they are going after HTC the only way they can...by using the law. If the phones indeed do not violate the patent(s), Apple will take a strong blow to its credibility (well, whatever credibility they have) and it will prove that they are nothing but technology bullies who will suppress the competition by any means necessary.
26. Mxyzptlk posted on 17 May 2012, 05:39 1 10
HTC knew what they were doing. They never learn from their mistakes of copying other designs and their poor decisions. Like when they lock the bootloader of their newer phones. Typical HTC behavior. Least they're better than Motorola.
42. Commentator posted on 17 May 2012, 09:43 0 0
The locked bootloader is unique to the AT&T One X. The Evo doesn't have this problem. I'm not sure about the T-Mobile One S. The sad thing is HTC will probably lock it down on the Droid Incredible 4g LTE, because Verizon will probably ask them to.
45. HTCfan14 posted on 17 May 2012, 10:34 2 0
I can't believe that Apple is whining like a baby. That choosing thing??? That has been used by HTC may smartphones ago, Desire HD even has that, it makes me choose to either open the video with MX player, Stream player, Browser, or YouTube, what's new with that??? Apple's just threatened by HTC's advancements, phone designs, amazing Sense UI, and their phone's superb specs that beats their iPhone which has a crappy box design, and of course, has the AppDrawer for its homescreen.
61. gallitoking posted on 17 May 2012, 17:25 0 0
thanks I will forward this to Apple to eliminate thos crappy phones
19. wendygarett (limited) 5 days ago posted on 17 May 2012, 03:14 10 2
Apple's goal = turn all the US citizen into sheep :D
27. Mxyzptlk posted on 17 May 2012, 05:39 2 10
And Android's goal is to turn everyone into Drones?
28. Mxyzptlk posted on 17 May 2012, 05:41 1 16
Stop competition from stealing their ideas. They are not trying to stop competition. Actually, the competition isn't really much of a competition when the offerings don't compare to what Apple offers.
30. PapaSmurf posted on 17 May 2012, 06:04 8 1
Yeah because the same "revolutionary design of iOS" has gotten major face lifts since 2007. How's that five year design treating you?
37. bigdawg23 posted on 17 May 2012, 06:58 4 1
Also remember that Apple invented the slide to unlock they just flied for. Nevermind the G1 had this from the beginning.
As for iOS its time for a serious change and to start unlocking features like Call Blocking without Jailbreaking.
44. InspectorGadget80 posted on 17 May 2012, 10:06 0 0
And we the consumer have to suffer for it.
62. gallitoking posted on 17 May 2012, 17:26 0 1
no need to as SGSIII is a bust.. android is stoping themselves as they show no innovation anymore..
3. x7black7x posted on 17 May 2012, 01:27 3 0
and will they be able to acomplish that goal
i really dont think so
4. le_pman posted on 17 May 2012, 01:35 4 0
on the bright side, competitors will innovate more in order to circumvent Apple trolls, er patents.
bad side, more stuff for Apple to steal from the competition while leaving itself unharmed.
9. I_Slap_Fat_Kids posted on 17 May 2012, 01:54 4 0
I think all of this suing and anti-competitive business strategies is going to begin to (if it hasn't already) mark them with an undesirable stigma that may harm them in the long-run. I'm glad that other companies have not taken up the same tactics.
It's embarrassing to have America's competitor in this market reinforcing our intrusive, sue-happy image viewed by most of the world.
7. Commentator posted on 17 May 2012, 01:50 5 0
Alan, this is great news, but how exactly did HTC "play Apple like a fine violin?" From what it looks like, Apple cut the supply line to its second-largest competitor, costing them millions of dollars. I also wouldn't say HTC is "two steps ahead" of Apple. HTC obviously wouldn't risk millions of dollars in one of the largest markets in the world by NOT implementing the workaround, and I don't think anybody (except maybe the mindless drones at the ITC) actually thought they didn't: the consumers knew it, HTC obviously knew it, and I'm sure even Apple knew it. Apple most likely convinced the ITC to investigate HTC not because of a suspected patent violation, but simply to delay the Evo's release, and their tactic seemingly worked perfectly, and Sprint will be hard-pressed to get it to launch in time. If anything, HTC's been on the defensive the entire time.
18. Altair posted on 17 May 2012, 03:11 0 0
Human nature tends to favor freedom. Everyone knows that. Apple is preventing freedom over here.
I have always been against those asian clone android devices. They are playing dirty game along with the Googles "stolen product". However Apple is going too far with this.
At the end of the day, this Apple game is turning against it.
8. KingKurogiii posted on 17 May 2012, 01:51 3 0
this manner of selecting an application to launch with certain selections has been around forever on a multitude of different Android Devices. why now? why HTC? the answer is obvious. Apple wants to slow down the competition.
15. taco50 (banned) posted on 17 May 2012, 02:58 2 14
The answer is obvious. Google and HTC should stop copying and invest in R&D.
24. chadrick0814 posted on 17 May 2012, 05:05 4 1
Good job completely ignoring the first sentence of his comment. Since you mentioned R &D, tell us, exactly what did Apple invent in the smartphone arena? I know they have patented lots of things, not sure exactly what their R & D has come up with.
31. tedkord posted on 17 May 2012, 06:09 3 0
Cmon Taco, even a rabid fanboy like you must recognize how silly this patent is. It's overly broad, and duplicates something PCs have done for many years. It's like if Samsung patented "a touchscreen device with a screen over 3.6 inches" and sued Apple if the new iPhone rumors are true.
The patent system us really f***ed up. Unethical companies like Apple really take advantage of it, to our detriment.
52. taco50 (banned) posted on 17 May 2012, 12:00 0 2
How is Apple unethical for defending their inventions?
38. Sniggly posted on 17 May 2012, 07:55 2 0
So... I guess Project Glass and Imagesense took no R&D whatsoever, eh?
63. gallitoking posted on 17 May 2012, 17:30 0 1
you are right in a way as Samsung tried to set themselves apart from copying the iphone and look the ugly design.....
11. fr33h33l posted on 17 May 2012, 02:39 6 0
I sincerely don't understand how a country like the U.S, which is built upon entrepreneurship and free markets, can allow such completely anti-competitive and outright ridiculous patents as "choose-an-application-based-upon-a-link" and to have it completely block a competitor from entering a market, in effect denying the american people choice and lower prices (due to the competition that would otherwise have been).
Sure, true innovation needs to be protected but when it is so extremely obvious that a patent does not even meet the novelty criteria (http://en.wikipedia.org/wiki/Novelty_(patent)) and there is so obviously prior art (http://en.wikipedia.org/wiki/Prior_art), one can only conclude that the U.S. patent system does no longer work in other ways than bringing in funding to the US Patent and Trademark Office and fueling a corrupt company culture, in particular that of Apple.
Given the american love for using the justice system, wouldn't it even be possible to sue the USPTO, government or states for anti-competitive practices (http://en.wikipedia.org/wiki/Anti-competitive_practices) and/or the USPTO for not following its own simple criteria for issuing patents?
I would be very interested in hearing why this, so obviously corrupt, patent system and the severe effect it has on in particular the mobile market, is not met with more resistance from the american people and its companies.
13. taco50 (banned) posted on 17 May 2012, 02:52 3 12
I love fandroid logic:
Companies stealing Apple's IP and using it without permission is "A ok and good for the consumer"
Apple protecting its IP, which it invested a lot of money in "anti competitive and blocks innovation"
How exactly is allowing others to copy your hard work helping innovation?
17. le_pman posted on 17 May 2012, 03:07 9 2
I, meanwhile, love ifan logic.
Apple copying from others: "wow! magical!"
Apple being copied by others: "sue them and make sure their products don't reach US soil!"
Anybody copying is slowing down - not really blocking - innovation. but the way Apple does it is simply anti-competitive. in this case, Microsoft's approach (charging royalty) is far more preferrable.
20. fr33h33l posted on 17 May 2012, 03:20 0 1
How exactly is using an obvious mechanism such as selecting an application based upon a link copying others' hard work?!
And please realize that by calling other people names instead of providing any reasonable counter arguments, you just validate the points of the people you try to insult.
53. taco50 (banned) posted on 17 May 2012, 12:01 0 0
It wasn't obvious until Apple did it actually.
25. chadrick0814 posted on 17 May 2012, 05:10 6 1
'Good artists copy, great artists steal.' Remember your late hero, Steve Jobs' words when using "copy" and "steal" to describe companies other than Apple. According to Apple's co-founder, copying and stealing is what Apple does.
34. remixfa posted on 17 May 2012, 06:53 0 0
why bother arguing with him. he's not smart enough to get it, and hes way to biased to believe it anyways.
43. Commentator posted on 17 May 2012, 09:52 2 0
Apple wasn't acting to protect their IP, they were acting to delay HTC's shipment. If they really cared so much about their IP they would have gone to HTC months ago when the One X was first announced and investigated it then. Again, nobody in their right mind actually thought HTC was shipping patent-infringing products.
51. taco50 (banned) posted on 17 May 2012, 11:59 0 2
Apple has been fighting this patent for years
55. Commentator posted on 17 May 2012, 12:04 0 1
And Apple won this patent case six months ago, forcing HTC to change their software. Case closed. Apple had absolutely no reason to "fight" recently, since HTC clearly reworked their software in Sense 4.0. This is just a play to slow down the competition until the iPhone 5 is released, and HTC played right into their hands by not confirming with the ITC that their software is compliant months ago.
56. taco50 (banned) posted on 17 May 2012, 12:11 0 2
Well that's on HTC then. Why wouldn't they show they're compliant?
57. Commentator posted on 17 May 2012, 12:22 0 0
I have no idea, and I agree that it is their fault for not doing so. However, Apple could easily have ordered an investigation on the One S when it was imported by T-Mobile a few weeks ago, so why didn't they do it then?
64. gallitoking posted on 17 May 2012, 17:46 0 1
they were too busy loading the new ipad into delivery trucks
14. wendygarett (limited) 5 days ago posted on 17 May 2012, 02:54 1 1
many countries doesnt know HTC exist...
Im guessing this will rise HTC reputation even it is not sell well in US...
Im glad im not in US :D
16. tiara6918 posted on 17 May 2012, 03:01 1 0
Maybe they should just sell the one xl instead if both one x and evo 4g lte cannot be sold in the us
21. networkdood posted on 17 May 2012, 03:33 2 1
Taco is two or three tools short in the ole tool shed....logic cannot be used to reason with it or G-King.
22. networkdood posted on 17 May 2012, 03:35 6 1
'Apple owns U.S. Patent #5,946,647 (remember this number as there will be a quiz later) which covers the situations using Android where you click on a link and see a menu of choices from which you can complete the action. For example, you press on a video link and see a menu that gives you the option of viewing the video on your browser or on YouTube.'
You call this protecting IP? The U.S. is a joke for allowing such a thing to be patented.
Maybe the creator of the touch screen can sue APPLE next.
We all know that HTC will get this fixed, and that HTC will provide the mod just to thumb their noses at APPLE.
68. InspectorGadget80 posted on 22 May 2012, 15:42 0 0
unlike you don't understand patens as well
29. tedkord posted on 17 May 2012, 06:01 4 1
Wait. Thats what this patent us about? A menu asking what program you want to use if more than one will work? That's absurd. My PC has done that forever. Does Apple have any patents that aren't patently silly?
39. becazican posted on 17 May 2012, 08:20 3 0
when is everyone going to learn, apple went from this green loving company to lets make as much money as we can to hell with everyone else. very much like a politician, they start out honest but end up a bloodsucker. would never buy another apple product again.
40. dallas90733 posted on 17 May 2012, 09:06 2 0
All that is left now is for MMI to file the paperwork to have all Apple products ban from entering the States.
http://www.businessweek.com/news/2012-02-06/motorola-mobility-wins-second-german-ruling-against-apple.html
41. kabukijoe posted on 17 May 2012, 09:32 3 0
Apple is retarded if they think people will buy their product instead because of this, if anything it'll give people more of a reason to hate this joke of a company. Perhaps Google should patent the notification shade and block all iphone sales being that Apple completely ripped it off (even though apple would probably claim that they invented it)
46. HTCfan14 posted on 17 May 2012, 10:35 3 0
I can't believe that Apple is whining like a baby. That choosing thing??? That has been used by HTC may smartphones ago, Desire HD even has that, it makes me choose to either open the video with MX player, Stream player, Browser, or YouTube, what's new with that??? Apple's just threatened by HTC's advancements, phone designs, amazing Sense UI, and their phone's superb specs that beats their iPhone which has a crappy box design, and of course, has the AppDrawer for its homescreen.
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