Federal Judge rules against Apple as HTC's patents will stand

Federal Judge rules against Apple as HTC's patents will stand
Apple and HTC are currently battling each other in Federal Court over-what else?-patents.In this case, it is HTC that is suing Apple claiming infringement on patents related to LTE technology. The Taiwan based manufacturer was, after all, the first to bring a touchscreen LTE enabled model to the U.S. and the patents involved are considered by HTC to be "critical" to the how the technology functions.

The problem, as Apple sees it, is that HTC purchased the IP from ADC Telecommunications in April 2011 for $75 million. Apple asked the court to rule that the patents are invalid because HTC purchased them just to aggressively use them in court. Judge Thomas Pender shot down that argument quickly and clearly. Apple does have a potential low-rent exit possible. The patents could qualify for FRAND pricing under which Apple would be allowed to license them at a fair price.

If HTC wins the case, they will have the right to seek an import ban in the U.S. for the Apple iPhone if it comes to market with LTE connectivity, and the latest LTE enabled model of the Apple iPad. With this much at stake, Apple is probably not going to get as aggressive in court as it did with its patent fight against Samsung.

There was one light moment in court on Friday when Judge Pender asked Apple lawyer Michael McKeon if the new version of Apple's iconic touchscreen phone was going to be introduced next week. McKeon said that he wasn't privy to that information. Judge Pender then asked, "It will be thinner and the screen bigger?"and McKeon responded, “That’s what the blogs are saying."

source: Bloomberg, TalkAndroid via Phandroid

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162 Comments

164. jamz82277

Posts: 3; Member since: Sep 09, 2012

I sincerely hope any company with any LTE patent that Apple infringes will sue for a ban on the iPhone 5. I hope at least one of those companies win, and moreso I hope More than one wins, so when Apple works around one patent, they still have three more to work around before they are allowed to sell the phone. If Apple got their junk banned for a while they would feel the heat and stop suing everyone and their mother. I am so sick of hearing nearly every day about Apple trying to ban someone's products. PLEASE SOMEONE give them a taste of their own medicine!!!

163. richardyarrell2011

Posts: 510; Member since: Mar 16, 2011

This is a ''TOTAL SURPRISE'' Hail to HTC they deserve MAJOR PROPS on this. Now Samsung can hop on the bandwagon and sue apple on September 13th 2012 to have it's new iphone banned in the US for LTE PATENTS. Samsung owns 13% of the LTE PATENTS in the UNITED STATES so trust me APPLE MADE a huge mistake with there LTE IPHONE...They started the battle android will win the war...

160. b1acktiger

Posts: 223; Member since: May 19, 2012

HTC, You are back in game ! LTE all the way !

155. Raymond_htc

Posts: 430; Member since: Apr 06, 2012

GO HTC GO! THIS TAIWANESE COMPANY IS OBVIOUSLY BETTER THAN CUPERTINIO!

146. Android1

Posts: 59; Member since: Jul 16, 2012

.....

141. preet27in

Posts: 173; Member since: Jul 07, 2012

apple has gone totally crazy about the patent fights. looks like they have planned this just to earn some hard cash.this is ruining their reputation among the users. ppl have started hating apple for this. nyways i hate them right from the beigning. with their stupid ios, which is not at all better than android. apple have now more.... hate fanboys rather than loved ones. and HELL YEAH THEY GOT F***D BY SOME RANDOM JUDGE. tasted their own medicine. damn u appple.

139. willard12 unregistered

Alan, did the Judge really call the iPhone "iconic?" Or, is that just something that gets thrown in every article?

133. networkdood

Posts: 6330; Member since: Mar 31, 2010

What I do not get is why a MAC is 3 times more money than a good laptop....makes no sense as it is not 3 times better by any stretch.

135. rusticguy

Posts: 2828; Member since: Aug 11, 2012

Buy a laptop and install Ubuntu/Madriva linux it will save even more money ... will boot faster will not need AV etc ... google needs to bring in Linux revolution on desktop ... :)

137. networkdood

Posts: 6330; Member since: Mar 31, 2010

oh yeah, i know...i do want a chromebook but it only has 16gb storage.

143. -box-

Posts: 3991; Member since: Jan 04, 2012

The apple logo ads on at least 50% to the fair price, 100% if it glows, plus the crummy OS costs around $500 per license in apple's eyes. There's nothing an apple can do that a PC can't do better with the right software, as they use the same components now. It was an even broader gap when apple used the IBM-designed PowerPC chips, which ran hot and inefficiently (first-gen imacs were especially known for some melting or bursting into smoke due to poor cooling design... Air cool, heh...)

132. prototype

Posts: 23; Member since: Jul 06, 2012

Apple is just like a Nazi Germany fighting everyone at all front ,sooner or later Apple will be crashed by Android OEM Alliances.

142. -box-

Posts: 3991; Member since: Jan 04, 2012

Nokia, too. Crabapple's biggest loss so far was to Nokia, who, in retrospect, could/should have gone for a ban on top of its royalties.

123. Fuego84

Posts: 357; Member since: May 13, 2012

Well I was kind of hoping that HTC can now just give Apple a break and just maybe Apple will learn a lesson and not be a evil company any more, but really Apple only still exists due to kindness and help and it didn't learn a thing that's why it's an evil backstabing company.

115. Aeires unregistered

And some people thought HTC was crazy a week or two ago when they said they were going to aggressively stand up to Apple. Nicely played, any wagers that Apple will finally get the message and call off the dogs?

156. Raymond_htc

Posts: 430; Member since: Apr 06, 2012

When HTC mean it, they really mean it.

108. ajac09

Posts: 1482; Member since: Sep 30, 2009

YES! Its time..

104. networkdood

Posts: 6330; Member since: Mar 31, 2010

Even if Apple is blocked from using LTE, somehow, and I doubt it will happen, because the U.S. gov't loves its apples, the new iphone can use a faster HSPA+ connection and just release it, finally for AT&T and T-Mo, while giving Sprint and Verizon customers the usual slow 3G CDMA versions.

140. -box-

Posts: 3991; Member since: Jan 04, 2012

Technically they could use WiMax for sprint, but as I mentioned in another comment earlier, sprint is shutting down that network (or ending their access to it, since it is technically Clear's) and T-Mo has no plans (thankfully) for the iFail. Seems like it might get bumped to 21Mbps HSPA+ for AT&T but that's about it (if the ban(s) is/are enforced)

103. networkdood

Posts: 6330; Member since: Mar 31, 2010

"Apple asked the court to rule that the patents are invalid because HTC purchased them just to aggressively use them in court...." Wow, Apple just described what they do....

58. NexusTexan

Posts: 1; Member since: Sep 08, 2012

I dont care for Apples tablets and phones all that much. love the computers though. Dont care for the new HTC stuff and hate how android has no unity in system updates. You cant sit here and hate on apple for buying patents when the only reason Google bought Moto was for the patents and HTC did it too. And Apple was and is still getting sued around the globe. Apple is no saint but that doesnt put a halo on HTC Sammy or google. Now come with the hate and thumbs down.

63. wassup

Posts: 565; Member since: Jun 23, 2011

See, the thing is, apple is like hitler. The nazi 's (iShiip) always thought that he was right, but they were wrong. We get mad when apple sue because they're acting like hitler, and we cheer when they get sued because it's justice.

68. androiddownsouth

Posts: 598; Member since: May 02, 2012

Not sure anyone is putting halos on anyone. Just saying that Apple shouldn't be suprised that when they sue, they will get sued back. What comes around, goes around.

83. Berzerk000

Posts: 4275; Member since: Jun 26, 2011

Agree with the first statement, I enjoy Apples computers. HTC needs some work, and I'm tired of the lack of updates, so if I do get an Android phone next, it will be an unlocked Nexus. Though Googles purchase of Motorola was mainly for patents, I'm sure they have something else in mind for the future. I don't remember HTC buying anything just for patents, did they? Was it the LTE patents mentioned in the article? They kind of deserve those patents, they were the first to make a LTE handest (if I'm not mistaken) after all.

101. -box-

Posts: 3991; Member since: Jan 04, 2012

I dunno about first to MAKE, but the Thunderbolt was the first commercially available LTE handset in the US. I wonder why the current LTE MaxiPad isn't being sued over?

102. Berzerk000

Posts: 4275; Member since: Jun 26, 2011

That's what I meant, I should've been more clear on that. The current trial right now between Apple and HTC about LTE, if HTC wins, 1 out of 3 things will happen; 1) The new iPhone will have to be stuck on 3G and HSPA+, and the iPad will be banned. 2) The new iPhone and iPad will have to be banned 3) Or, Apple will have to pay royalties to HTC for them to use LTE in their iPad and new iPhone.

53. darac

Posts: 2156; Member since: Oct 17, 2011

Lol, this could be so sweet..HTC and Samsung striking together against Apple could actually deal some damage here!

57. JessJess unregistered

It would be anti-competitive due to the fact it would be anti-competitive. The courts aren't stupid. They would see through that instantly. Something like LTE is a corner stone of any handset manufacturer. Phones can work without "pinch to zoom" or "rounded corners" or whatever you want to joke about, but a standard for wireless communication?

61. wassup

Posts: 565; Member since: Jun 23, 2011

Jess, sorry to say it but your hypocrisy astounds me. The courts ARE stupid. They thought apple's patents were valid. Make a phone without pinch to zoom (jellybean doesn't infringe btw) and show me how it sells. Apple is being a d**k and deserve to be sued. Lte isn't a standard, apple worked without it for 5 years, and knowing their customers, the sheep will still eat it up nonetheless. Hypocritical post is hypocritical. Apple is being anti -competitive.

73. JessJess unregistered

I don't see the relevance. Though I know it was silly to jump into the barrage of ego stroking comments. I never said Apples patents were or were not anti-competitive. I was saying that what darac described WOULD BE without question.

* Some comments have been hidden, because they don't meet the discussions rules.

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