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HTC sues Apple after losing patent dispute

updated 10:25 am EDT, Tue August 16, 2011

HTC files countersuit versus Apple in US

HTC on Tuesday launched a countering lawsuit against Apple to try and slow a decision. The claim alleges that virtually all Apple hardware violates three patents that were granted between 2008 and 2010. They cover technologies such as a PDA-like interface, the OFDM wireless common to many devices, and modulating orderwires.

Filed in the frequent patent battleground of Delaware, the suit calls for tripled damages due to the "willful" nature of the supposed infringement.

The Taiwan phone maker has already sued Apple before but has largely clung to international courts. Its new complaint is likely an attempt to retaliate for Apple's wins at the ITC, where the trade agency found HTC to be copying two pieces of Apple technology. An appeal is still pending in the ITC case but is far from certain.

With the patents not coming from acquisitions, it lends support to beliefs that HTC's decisions to buy S3 and later Dashwire have had little effect on HTC's ability to defend or attack companies like Apple. Some had speculated that HTC was taking advantage of S3's legal win over Apple to gain an edge.



By Electronista Staff
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Comments

  1. kerryb

    Fresh-Faced Recruit

    Joined: Aug 2001

    +19

    2007

    iphone a shipping product one year before the claimed 2008 patent?
    PDA interface? that is just about every mp3 player and phone since 2001

  1. Jonathan-Tanya

    Fresh-Faced Recruit

    Joined: Oct 2004

    -3

    @kerryb

    yes, that is right, many of Apple's patents used to sue HTC are from it's portfolio of Mac patents that were granted long before smartphones were invented - and they are so generic they basically cover every computing device on the planet.

    So - you've noticed a similar critique about HTC's patents. Look patents tend to be granted, and then thrown out later - that's the system. But, the problem for HTC is they don't have enough patents to throw at the case vs. Apple.

    It's not about actual copying - generally speaking, at least in the software world, patents are always granted on obvious solutions to engineering problems - there should be no such thing as a software patent.

    Now - that's not to say some people haven't been aping Apple's look - that isn't a patent issue, that's a different type of IP issue, and I'm glad Apple is able to strike down real copy cats.

    But I have an HTC sensation and I have an iPhone, they simply are not clones of each other, and its ashame the patent system is so broken, that one company can bully another over what should be nothing.

  1. TujuMaster

    Fresh-Faced Recruit

    Joined: Nov 2009

    +19

    What about the Newton?

    Didn't Apple coin the phrase PDA with the Newton? I hope HTC patents get invalidated due to prior art!

  1. Gazoobee

    Forum Regular

    Joined: Feb 2009

    +14

    PDA patents ...

    .... basically belong to Apple. It's impossible to comment without the details and especially on the other two patents, but Apple practically invented the PDA. They were there years before anyone else and should have all the basic lower level patents to do with PDA's either locked up or covered by their own prior art.

  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +11

    It's possible...

    that HTC is so inept they don't even KNOW about the Newton from the 90s. The Asians, over the years, have been so used to copying stuff from the USA that it became second nature. Now when someone says, "We aren't going to let YOU do that anymore," they get hysterical. Too bad, no sympathy.

  1. pairof9s

    Mac Enthusiast

    Joined: Jan 2008

    +9

    So where were the products?

    HTC makes out like Apple has stolen from them when they, like so many others, were selling phones with 3 dozen buttons on the hardware interface (aka Blackberry) when the iPhone debuted.

    So why wasn't HTC (or anyone else for that matter) showing us their hard earned R&D patents? Why did a "computer" company beat them to selling a mobile phone that completely changed the paradigm?!

    /

    Comment buried. Show
  1. Hercules Rockefeller

    Fresh-Faced Recruit

    Joined: Apr 2011

    -23

    comment title

    Steve jobs has aids

    Comment buried. Show
  1. Hercules Rockefeller

    Fresh-Faced Recruit

    Joined: Apr 2011

    -15

    comment title

    Because steve jobs is g**

  1. testudo

    Forum Regular

    Joined: Aug 2001

    +4

    Re: 2007

    iphone a shipping product one year before the claimed 2008 patent?
    PDA interface? that is just about every mp3 player and phone since 2001


    The patent was granted in 2008. That has no bearing on when it was invented or filed.

    This is the problem with the 'first to invent' patent system in the US. Someone could spend a boatload of time to 'invent' something, verify it doesn't conflict with others, etc, then file. Only to have someone file later that had a start date preceding the first person, thus making the second person actually the holder of the patent.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -3

    Re: So where were the products?

    HTC makes out like Apple has stolen from them when they, like so many others, were selling phones with 3 dozen buttons on the hardware interface (aka Blackberry) when the iPhone debuted.

    Products have nothing to do with patents.

    Based on your argument, I could go through all of Apple's patents that they haven't yet produced a product and make one. Then when Apple sues, I claim "But you don't have a product!"

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