Apple files another complaint with the International Trade Commission against HTC

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



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.

57. daniel_bargs

Posts: 325; Member since: Nov 27, 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

2. mtsmedly

Posts: 1; Member since: Jul 11, 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.

9. ngo2dd

Posts: 896; Member since: Jul 08, 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.

14. corps1089

Posts: 492; Member since: Jan 20, 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.

19. messiah

Posts: 438; Member since: Feb 19, 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

30. 530gemini

Posts: 2198; Member since: Sep 09, 2010

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

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.

3. Hallucinator

Posts: 391; Member since: May 24, 2010

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

4. christianqwerty

Posts: 467; Member since: May 05, 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;

5. gallitoking

Posts: 4721; Member since: May 17, 2011

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

6. Sniggly

Posts: 7305; Member since: Dec 05, 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.

17. taco50

Posts: 5506; Member since: Oct 08, 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?

31. Whateverman

Posts: 3295; Member since: May 17, 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.

33. SuperAndroidEvo

Posts: 4888; Member since: Apr 15, 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

43. taco50

Posts: 5506; Member since: Oct 08, 2009

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

45. AndroidOS

Posts: 100; Member since: Jun 21, 2011

What trend?

47. taco50

Posts: 5506; Member since: Oct 08, 2009

Basically everything android is was copied from Apple.

46. taco50

Posts: 5506; Member since: Oct 08, 2009 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.

51. Whateverman

Posts: 3295; Member since: May 17, 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... 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.

52. biophone

Posts: 1994; Member since: Jun 15, 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.

53. taco50

Posts: 5506; Member since: Oct 08, 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.

58. Sniggly

Posts: 7305; Member since: Dec 05, 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.

59. Whateverman

Posts: 3295; Member since: May 17, 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.

60. taco50

Posts: 5506; Member since: Oct 08, 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.

62. Whateverman

Posts: 3295; Member since: May 17, 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.

80. taco50

Posts: 5506; Member since: Oct 08, 2009

Android os was a game changer lol? If you call riding iOS's coat tails and copying a game changer then I guess it was. So android os makes small incremental changes and it's evolving, but with iOS doing the same thing it's not? I think iOS 5 added about 1500 new api's, new features etc and every tech site gave it great reviews. And here's you sniggly and the other trolls saying things like it's outdated, limited along with other nonsense.

83. iSheepHunter

Posts: 55; Member since: Jul 07, 2011

"Riding iOS coat tails" even though it's proven that Android was started on before iOS... Since you say Android mimmics iOS because they started after iOS (which is wrong, and has been proven with FACTS that Android inc had been founded in 2003) that would mean that Apple stole all of these features that other Opertaing Systems had before iOS did, right? 1. ios 5 notifications-android/web os/samsung touchwiz(slide to notifcations such as miss calls and messages from lockscreen 2 ios 5 quick camera access from lockscreen- copied from wp7 3 ios 5 volume shutter button- camera+ had this last year on their app but apple made them remove it because it was a private api and appl also said that it would confuse the users 4. iCloud symbol- stolen from devolper 5 iBooks copyright- in process of being sued for that 6 blackberry messanger (You can send texts, photos, videos, contact cards, and even engage in group messages. It displays delivery receipts, read receipts, and shows when others are typing. It's pushed to all devices and is supported by both 3G and wifi) THIS is why people say Apple's not a game changer and is not EVOLVING, we've seen these features before.

95. taco50

Posts: 5506; Member since: Oct 08, 2009

Whatever you're an idiot. He used a baseless argument. Android was founded before the iphone so it's not possible it copied iphone? That makes no sense. ' iOS is not evolving unless every feature it adds is ground breaking and new. Android adds weak incremental changes and it's game changing. I can do the same for android widgets are not new they've been on pc's for years live wallpaper is not new they added exchange support which is obviously copied from blackberry (sarcasm) Not every feature added can be brand new never done before. The problem with you fandroids is you deny the obvious. Android was something totally different before iOS came out. Apple innovated with new ways to interact with your phone and everyone is taking from Apple up to a point. You can't stay competitive without copying some things from the iPhone. Whateverman you said blackberry has been using double tap to zoom in. Blackberry didn't even have a touch screen phone before the iPhone.

110. AndroidOS

Posts: 100; Member since: Jun 21, 2011

Who said every Android change was groundbreaking, when did I post that? "Android was founded before the iphone so it's not possible it copied iphone? That makes no sense." That makes PERFECT sense, you just don't want it too. Android was being worked on before Apple, so they obviously couldn't have copied Apple. Touch screens? Apple OBVIOUSLY wasn't the first to use touch screens. "Apple innovated with new ways to interact with your phone and everyone is taking from Apple up to a point. You can't stay competitive without copying some things from the iPhone." NOTHING FROM THE IPHONE IS NEW, NAME ONE FEATURE THAT WASN'T ON ANOTHER PHONE ALREADY. MY EARLIER POST CLEARLY STATES THIS.

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