Apple beats HTC in patent infringement case; HTC becomes top U.S. smartphone seller

Apple beats HTC in patent infringement case; HTC becomes top U.S. smartphone seller
When HTC acquired S3 Graphics for $300 million this summer, the idea was that by purchasing the target's patent portfolio, HTC could defend itself against attacks from Apple's litigious lawyers. At the same time, the hope for the Taiwan based manufacturer was that the patents would allow them to go after Apple and its vaunted smartphone. On Tuesday the International Trade Commission ruled that Apple had not violated any of the patents acquired by HTC in the S3 Graphics deal and HTC said that it might appeal directly to a U.S. patent court. HTC General Counsel Grace Lei said the company was disappointed, but is still reviewing all of its options.

So was the S3 Graphics deal a waste of $300 million for HTC? It is still too early to tell as S3 still has an open case pending against Apple at the ITC, revclving around 4 patents it claims Apple illegally used. HTC itself has two cases against Apple pending, dealing with patents that the manufacturer received from Google. At the same time, the ITC is reviewing  a ruling made by an agency judge that HTC infringed on a pair of Apple patents. A decision on that case is due December 6th and could also include a review on a prior judge's ruling that cleared Apple of infringing on HTC patents.

Separately, HTC became the top selling smartphone brand in the U.S. during the third quarter, replacing Samsung. According to research firm Canalys, the Taiwan based firm had a 24% share of the smartphone market in the States during Q3 followed by the 21% belonging to Samsung and the 20% owned by Apple. Gartner says total smartphone sales in the States rose 42% in the period.

source: Bloomberg via Phandroid



1. ZEUS.the.thunder.god unregistered

wtf P.A. ???? where does it say that apple beats HTC ? they barely managed to save their a$$. also apple is #3 now. congrats.

48. Lucas777

Posts: 2137; Member since: Jan 06, 2011

um they won the case... go ask the judge if u dont believe it... this is what htc for trying to bail themselves out with everyone elses patents

2. bigboss

Posts: 80; Member since: Oct 26, 2011

You're right.

3. Sniggly

Posts: 7305; Member since: Dec 05, 2009

It's amazing how far HTC has come in just a decade. Just like with Samsung, any losses to Apple in the courts will be a temporary setback.

15. taco50

Posts: 5506; Member since: Oct 08, 2009

So whenever Apple wins its "temporary" and when an android vendor wins its forever right? Also Apple's patents are a joke while any other companies are totally legit.

17. Sniggly

Posts: 7305; Member since: Dec 05, 2009

It's harder to invent a new standard for radio communication than it is to change a gesture on a touchscreen or to change an aesthetic aspect of a design. Hey, if Apple does it, fantastic. But I won't hold my breath. They've never been very good at the "phone" part of "iPhone" even with millions saved in R&D by ripping off of the decades Motorola and Nokia put into development.

22. taco50

Posts: 5506; Member since: Oct 08, 2009

Forever the hypocrite. For everything Apple is ripping off they're being ripped off.

24. E.N.

Posts: 2610; Member since: Jan 25, 2009

I don\'t know too much about the standard for radio communication, but I do know that those gestures is one of the reasons for Apple\'s and Android\'s success and not so much the radio communication. You talk of the gestures as if they\'re an underwhelming feature but the fact is that it was a big freaking deal when it first became available. But now that\'s its on every single smartphone nowadays, its easily taken for granted.

25. taco50

Posts: 5506; Member since: Oct 08, 2009

According to sniggly gestures were just common sense and pretty much anybody could have came up with them. I wonder why he didn't bring them to market...

30. remixfa

Posts: 14605; Member since: Dec 19, 2008

according to taco, if steve jobs didnt invent it.. it doesnt exist.

26. Whateverman

Posts: 3295; Member since: May 17, 2009

Well every single phone, including the iPhone, can zoom using a double tap, on screen keyboards, a single finger to scroll and place a curser. Why is it okay for the iPhone to use those features, totally thought up and implemented by other companies, but it isn't okay for other companies to use gestures? What exactly is the difference?

33. taco50

Posts: 5506; Member since: Oct 08, 2009

iPhone brought the double tap to market first.

43. Whateverman

Posts: 3295; Member since: May 17, 2009

I believe that was possible on Windows first. But still what about the rest of my statement? Why should Apple be allow to use these features that came before the iPhone?

4. gallitoking

Posts: 4721; Member since: May 17, 2011

typical fandroids... disputing evidence,,, when not in favor of Android... that is getting old.. please come with different excuses.. if you think PA is not accurate .. please leave PA... and shut your pie holes.... #3 now that is disputable,,, I dont see any HTC phones in back order do you?...

5. Whateverman

Posts: 3295; Member since: May 17, 2009

\"I dont see any HTC phones in back order do you?...\" I guess that\'s just a benefit of having many different models.

8. gallitoking

Posts: 4721; Member since: May 17, 2011

yes there .. why cause a commotion when a new model will come out next month,.. you are right... why even bother do a commercial.. will be replace within 2 weeks with a new model....

27. Whateverman

Posts: 3295; Member since: May 17, 2009

Different strokes for different folks my friend. So HTC makes different form factors for those with different needs. Some people need a larger screen, while some think 3.7 is perfect. Some who need keyboards while others want touch screens. Either way, they are meeting the needs of a huge number of smartphone users who just wanted or needed something different. There's nothing wrong with that, right?

34. gallitoking

Posts: 4721; Member since: May 17, 2011

I understand that.... Android and Apple are for 2 different poeple.. if that is true.. why do fandroids brag that they have 4g, 4"screens, etc.... leaves us alone.. we dont care... we trust Apple wil give us... 4G when they feel is stable.. and will give us 4 inch screen .. when we dont have to sacrifice our retina display..

28. iamcc

Posts: 1319; Member since: Oct 07, 2011

I love how you Apple people make it seem like a BENEFIT that Apple only releases a new phone once a year. It cracks me up. I'm not saying it's necessarily a bad thing but you guys seriously believe that anyone who releases phones more often than that is stupid. EVERYONE IS DIFFERENT! For me, I buy about 2-3 phones a year. Not because I have to, but I like new things. It would kill me to wait 12-16 months waiting for the next model.

35. gallitoking

Posts: 4721; Member since: May 17, 2011

well most people are not like you... so just because you are different. doesnt mean that we need to follow your pattern... the average for people to get new phone is 20 months... so good for you... now lets pay our attention to average people...

42. Whateverman

Posts: 3295; Member since: May 17, 2009

If some Apple fans brag about every little thing about their iPhones, why is it that a little bragging about a 4 inch screen so hard to swallow? I've seen a retina display next to a AMOLED display, I call it a draw. Both looked great, both we're sharp, but retina display come up short when what I want is a big screen. So you don't have to sacrifice anything, but don't make it seem as though I am.

45. Johnny_Mnemonic

Posts: 240; Member since: Oct 05, 2011

@Gallito stop your crying you follow a apples pattern that's cause you don't have free will you only have Apple will sorry you only get one poorly design

6. Phonatic

Posts: 27; Member since: Jul 16, 2010

How can you tell people who think PA is not accurate to leave, and in the same breath claim PA is wrong on when they say Apple is #3 and HTC is #1? Does that mean you're leaving, or is PA right about Apple being #3?

7. GeekMovement unregistered

it means he's too stupid, words can't express his stupidity because as far as I'm concerned, apple fans are just the same if not worse.

10. gallitoking

Posts: 4721; Member since: May 17, 2011

"apple fans are just the same if not worse." to judge all Apple fans.... makes you even dumber than I thought..... sorry will leave you alone.. it might be contagious

11. Scuba_Steve

Posts: 79; Member since: Oct 16, 2011

Gallitoking, don't you judge all Android fans? If your comment (#4) was aimed at Zeus then you should know he's pure troll and nobody likes him. *So assuming he's like all fandroids isn't right. Sniggly's comment was entirely based off of the article which you claim to be as "accurate" so there was no point in trying to call him out.

13. gallitoking

Posts: 4721; Member since: May 17, 2011

hey Scuba steve... the ones I judge... they know who they are.... and Zeus has issues... sorry but i dont think all fandroids are alike... with some i do have decent conversations... with Sniggly.. he all right.. him and remix are like Pinky and the Brain... in conquest to destroy Apple.... not sure who is Pinky and who is Brain..... BTW I liked you SS in big Daddy..... good night....

9. gallitoking

Posts: 4721; Member since: May 17, 2011

dude I didnt even bother to read your post.... read the 1st 3 words before you bored me..... to answer those 3 words.... you can argue about our opinions.. but to come here and discredit a website based on your unbiased opinion,,, hmmm I have Dr. Phill on line 4

19. GeekMovement unregistered

apple fans are unbiased they are fair and reasonable, sorry, I should have known that all along when reading comments throughout this website...

23. p0rkguy

Posts: 685; Member since: Nov 23, 2010

Do you always sound like a little ignorant bitch every time you post? Do you even know the definition of the words you\'re using? Please educate yourself before using words you don\'t understand. Apple being #3 is disputable? If PA isn\'t accurate, you have the right to leave. To say one fact isn\'t disputable and Apple being #3 is? Get lost.

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit for samples and additional information.