bit-tech.net

Apple sues HTC over Android

Apple sues HTC over Android

Apple alleges that HTC's Android smartphones infringe on a range of patents - including some which date back to the nineties.

Apple has filed suit in the Delaware District Court and the US International Trade Commission accusing smartphone manufacturer HTC of infringing on twenty iPhone-related patents held by the company.

The filing - which is officially held under seal but was leaked to document sharing service Scribd yesterday afternoon - accuses Chinese smartphone specialist High Tech Computer Corp, better known as HTC, along with HTC America and Exedea Incorporated of manufacturing, importing, and selling products that "incorporate, without license, many technologies developed by Apple and protected by patents issued to and owned by Apple and its wholly-owned subsidiaries including NeXT."

Gizmodo has provided a handy guide to the twenty patents detailed in the filing, which include patents covering "unlocking a device by performing gestures on an unlock image," "list scrolling and document translation, scaling, and rotation on a touch-screen display," and "automated response to and sensing of user activity in portable devices."

What is perhaps most interesting about the majority of the patents that form the complaint is that they are complaints against Google's Android platform, rather than HTC: it appears that Apple is merely targeting HTC as the most visible creator of Android-based handsets to test the waters.

Indeed, BetaNews is of the opinion that the entire complaint represents an attempt to litigate the Android platform out of existence. Pointing to a patent describing a more efficient method for inter-process communication in a multi-tasking environment - created by NeXT and acquired by Apple when Steve Jobs returned to the company back in 1996 - it appears that Apple believes that the very heart of Android, the Dalvik Java Virtual Machine, uses technology which steps on its toes.

Speaking to DigitalDaily, Google refused to comment on the suit - or on the possibility that its Android platform may infringe Apple's patents - stating merely that it was "not a party to this lawsuit[, ] however we stand by our Android operating system and the partners who have helped us develop it."

Should Apple succeed in the suit against HTC, it will be able to demand an injunction preventing the import and sale of all Android-based HTC handsets - including the HTC Hero and newly released Nexus One - in the US. More importantly, it could allow it to prevent the import and sale of all Android-based handsets - at least until Google coughs up some licensing cash or agrees to give the company free access to some of its own patents in return.

Do you think Apple's suit has merit, or is it merely panicking at how popular Android is becoming and attempting to litigate to protect the iPhone? Share your thoughts over in the forums.

53 Comments

Discuss in the forums Reply
antiHero 3rd March 2010, 11:16 Quote
Haha Apple is getting scared :)
scawp 3rd March 2010, 11:30 Quote
I hate software patents. I also hate apple and google so i don't really care
Autti 3rd March 2010, 11:36 Quote
It's just business. Wouldn't you attempt to hurt your rivals? There is money to be made.
proxess 3rd March 2010, 11:37 Quote
Patent trolling!
Unknownsock 3rd March 2010, 11:40 Quote
Ill be naive here and say i don't understand patents at all.
I don't understamd how you can patent such nonsense,

"unlocking a device by performing gestures on an unlock image," "list scrolling and document translation, scaling, and rotation on a touch-screen display,"

Anyone could have made this?
Dave Lister 3rd March 2010, 11:41 Quote
Some of those patents sound really generic, why are company's allowed to patent so much trivial common sence ? its madness. Apple must be getting a little worried about there inferior products, especially with all the negative comments about the ipad. To me it just looks like they are trying to line there pockets before everyone moves on to better products by other companys.
rikkjm 3rd March 2010, 11:41 Quote
Its a pure sign apple and jobs are getting worried htc and google are bringing out more and more powerful phones which do as much and in some cases more then the iphone. apple are just trying to do what microsoft and other companies have been slaped on the wrists for and thats dominate the market. They cant win by using brains so they use lawyers and bring up patents not even seen since the 90s to try stop them. They should let the public decide what they want be in google android or apple iphone you dont see google or htc suing apple no they use brains and tech to bring out a better phone, jobs cant do that cos all he seems to do with the iphone is put in a better processor and stop any third parties creating apps which might make the phone better
theevilelephant 3rd March 2010, 11:55 Quote
While I think companies should defend their patents, some of those patents are so vague they should never have been granted. I also hate this whole "patent war", personally I think it just stifles development.
giantegg 3rd March 2010, 12:14 Quote
Quote:
Originally Posted by barndoor101
http://www.youtube.com/watch?v=CW0DUg63lqU
'Nough said.
Jobs is nothing but a scared friggen hypocrit. Apple are such a dirty shameless greedy company. - I hope they fail miserably.
mi1ez 3rd March 2010, 12:32 Quote
Stop bloody suing each other you bunch of children!
"unlocking a device by performing gestures on an unlock image," "list scrolling and document translation, scaling, and rotation on a touch-screen display," and "automated response to and sensing of user activity in portable devices."
What a load of rubbish. Apple would patent talking if they could!
memeroot 3rd March 2010, 12:52 Quote
clealy incorrect,

answering phone the movement is vertical not horizontal and you dont move a graphic

the movement from on window to another does not involve a change of shape

my old ipaq broke the touch screen aspect - one or more fingers! scroll !

the next one refers to an object .. ie stilus...not a finger,,,

my camera is realy slow and bad... but there maybe some merit... though then again sleep mode is not new is it?

my pedomiter got there first...

apple owns the rights to processor deisgn!!!! ARM I hope you're not supplying htc without paying that licence fee

apple owns graphical object orientated programming!!! that covers a heck of a lot of software assistants

apple owns your phone signal

apple owns oop messaging... and most realtime database apps.

apple owns oop

apple owns event managers

etc....


Atari owned side scrolling btw
[USRF]Obiwan 3rd March 2010, 12:59 Quote
I should sue apple for their gesture on device with image. I can do that on my 100 year old desk, where I gesture over a carved image that opens a locked drawer. I'm not te creator of that desk but since its 100 years old doing the same method as apple. I would call that opensource.
Denis_iii 3rd March 2010, 14:16 Quote
Quote:
Originally Posted by proxess
Patent trolling!

+1
those patents aren't worthy of being patented, rediculous
Pete J 3rd March 2010, 14:20 Quote
Oh p!ss off Apple, and take your overpriced yuppie crap with you...

I hate the way they are so two faced, talking about innovating whilst attempting to stifle everyone they can.
RichCreedy 3rd March 2010, 14:32 Quote
time to get rid of patents, or give them a very limited timescale, ie no more than 5 years, that would give the original designer time to develope the design, and if they choose not to within that timescale they lose it.

patents belong in the dark ages (400 years of no real innovation, due to church saying science was evil)
MSHunter 3rd March 2010, 14:56 Quote
When will Apple get sued for Monoply dealing for their App store and the fact that you can not use third party apps from other stores?.
I.E. same cases as the Ipod not playing MP3..... It's just a matter of time. Especially with their revers deleting of paid for apps.
barndoor101 3rd March 2010, 15:24 Quote
Quote:
Originally Posted by MSHunter
When will Apple get sued for Monoply dealing for their App store and the fact that you can not use third party apps from other stores?.
I.E. same cases as the Ipod not playing MP3..... It's just a matter of time. Especially with their revers deleting of paid for apps.

exactly - imagine if MS had done an app store with windows. DOJ and EU would have been all over that.
SlickGnome 3rd March 2010, 15:44 Quote
The patent system is broken, plain and simple. It needs to be completely overhauled and rules created to block these broad generic patents that cover everything under the sun. <sarcasm> I'm going to patent the letter 'E' as used in any form of text or word longer than or equal to 1 character, then sue everyone into oblivion. </sarcasm>
eddtox 3rd March 2010, 16:30 Quote
Fux off, apple! Simple solution: stop buying apple, put them out of business unless they change.

Unrelated: I just got my N900. It rocks! Apple can suck my great big hairy gonads :-D
memeroot 3rd March 2010, 16:48 Quote
@SlickGnome

every book would be like 'avoid'
barndoor101 3rd March 2010, 17:11 Quote
Quote:
Originally Posted by memeroot
@SlickGnome

every book would be like 'avoid'

you mean La Disparition by Georges Perec, translated into english by Gilbert Adair, called A Void.

havent got the letter e in them at all (except the authors names lol).
brave758 3rd March 2010, 17:55 Quote
I thought patents did have a time scale???
brave758 3rd March 2010, 18:21 Quote
Anyone had a read through them patents..... Lol what a load of generic crap.
It seems patents do have a time scale so these must be coming to the end and apple are trying to cash in.

Man the patent system is a joke it needs a complete overhaul i agree with protecting ideas and designs on a physical basis ie how we make and manufacture stuff. But the software side of this is just a joke
frontline 3rd March 2010, 19:13 Quote
Damn, I've resisted buying into the 'smartphone' handset sector so far, but this might persuade me to buy an HTC handset!
Farfalho 3rd March 2010, 19:47 Quote
Quote:
Originally Posted by Denis_iii
Quote:
Originally Posted by proxess
Patent trolling!

+1
those patents aren't worthy of being patented, rediculous

+2
Solidus 3rd March 2010, 19:57 Quote
Really sick of Apples arrogance. I bought the Iphone 3G on the day it launched and loved it but I won't support a company that stifles competition.

Apple isnt about innovation - they would patent common sense if they could - Its just a shame the people that approved these patents didnt have any.

I will never buy another apple product again. I hope google get involved and destroy apple.
frontline 3rd March 2010, 20:11 Quote
Quote:
Originally Posted by Solidus
. I hope google get involved and destroy apple.

Your wish might come true :) http://www.google.com/phone/
samkiller42 3rd March 2010, 20:20 Quote
frontline, the Nexus One is built by HTC, so if Apple has it's way, then Solidus wont get his wish.

Sam
frontline 3rd March 2010, 20:44 Quote
Quote:
Originally Posted by samkiller42
frontline, the Nexus One is built by HTC, so if Apple has it's way, then Solidus wont get his wish.

Sam

True, but i'm assuming that a google branded phone will have significant weight behind it from google themselves?
HourBeforeDawn 3rd March 2010, 20:53 Quote
ha Apples afraid of Android and they should be, people get to move away from their Nazi controlling iphone os to an open os.
theskirrid 4th March 2010, 00:08 Quote
This is simple to fix.
The defendants and plaintiffs post a poll on ten tech websites, if more than 50% of people say oh FFS drop the case.
Yslen 4th March 2010, 00:17 Quote
Quote:
Originally Posted by RichCreedy
time to get rid of patents, or give them a very limited timescale, ie no more than 5 years, that would give the original designer time to develope the design, and if they choose not to within that timescale they lose it.

patents belong in the dark ages (400 years of no real innovation, due to church saying science was evil)

Well said. In a business where products have a conception-to-obsolescence time of under 5 years, patents should not last anywhere near as long as they do. Patents are supposed to give the inventor time to capitalise on their invention, not provide a method by which one company can legally bully another.
Paulg1971 4th March 2010, 00:54 Quote
I won't to know if the iphone has a app that tells you about a phone with a decent camera
giantegg 4th March 2010, 01:36 Quote
Also, fairly sure HTC are Taiwanese - just for the record.
Pieface 4th March 2010, 02:24 Quote
I can see many people here have no sense in business at all, if you think it's all petty. And also most of you have never used an Apple product, but being the hypocrites you are, slate them as liek omGz it wil gt mi scene pointz on diz webzite!!1!!111

This is the side of Bit-Tech I hate, the retards who never use a product yet slate it, and think everything Apple do is bad because they are mean corporate bullies, heck I bet if it was Google sueing Apple you'd all be celebrating, and tell them they are right.
The_Jonas 4th March 2010, 05:52 Quote
http://www.cracked.com/article_15693_the-10-most-ridiculous-inventions-ever-patented.html
Read and enjoy smiling at how many patents you should pay for that were copyright. like swinging on a swing, or your dog playing fetch, yeah, there are patents for those...
brave758 4th March 2010, 07:19 Quote
Quote:
Originally Posted by Pieface
liek omGz it wil gt mi scene pointz on diz webzite!!1!!111

What the **** is that...... Are you 5?

Also a bit of a apple fan are we????

Did you read them so called "patents" (agreed they could also be bull trying to promote discontempt).

But I don't give a **** who there from, with patents like that, whoever would be a cock in my point of view hence the reason i said the whole system needs re-thinking to stop such blatant crap.
Cateye 4th March 2010, 09:56 Quote
They are just trying to stay in news as they are planning to launch their iPhone 4.0 in June... Apple is acting like bitch in heat all they need is good ****ing...
eddtox 4th March 2010, 11:11 Quote
Quote:
Originally Posted by Pieface
I can see many people here have no sense in business at all, if you think it's all petty. And also most of you have never used an Apple product, but being the hypocrites you are, slate them as liek omGz it wil gt mi scene pointz on diz webzite!!1!!111

This is the side of Bit-Tech I hate, the retards who never use a product yet slate it, and think everything Apple do is bad because they are mean corporate bullies, heck I bet if it was Google sueing Apple you'd all be celebrating, and tell them they are right.

shut up and go away. Read the article, read the patents, and if you still think that apple aren't being knobs, put £100 for every time you swumg on a swing in an envelope and send it to the guy who patented swinging on a swing.

This is the side of bit-tech I hate. F*ckwits who think that if you say something bad about apple, you must be a reterd. Steve Jobs is Jesus reborn and you are a bkaspheming devil. I can only hope it won't be long before they start blowing themselves up for their yuppie religion. Oh, and they better take their stupid macs pads pods and phones with them.
Kúsař 4th March 2010, 11:19 Quote
Quote:
Originally Posted by The_Jonas
http://www.cracked.com/article_15693_the-10-most-ridiculous-inventions-ever-patented.html
Read and enjoy smiling at how many patents you should pay for that were copyright. like swinging on a swing, or your dog playing fetch, yeah, there are patents for those...

#5. Method Of Exercising a Cat
"consists of directing a beam of invisible light ... onto the floor or wall ... then moving the laser so as to cause the bright pattern of light to move in an irregular way fascinating to cats."

LOL That's *EPIC* :D . Now that we've got funny webs about lolcats, fails, kludges, etc. it would be cool to have one about patents as well :D .
memeroot 4th March 2010, 12:02 Quote
@Pieface

this the thing about forums and the internet that I love - textual hate crimes!!!!!
complover 4th March 2010, 12:34 Quote
Well I hope Apple don't win, they're turning into a bit of a microsoft at the minute and throwing their toys out of the pram
Pieface 4th March 2010, 19:14 Quote
Quote:
Originally Posted by eddtox

This is the side of bit-tech I hate. F*ckwits who think that if you say something bad about apple, you must be a reterd. Steve Jobs is Jesus reborn and you are a bkaspheming devil. I can only hope it won't be long before they start blowing themselves up for their yuppie religion. Oh, and they better take their stupid macs pads pods and phones with them.

Well done. I must be an Apple "****wit" due to owning a Macbook, iPhone and iPod. Oh yes, I also own a gaming Windows computer, and spend a lot of time on there. I've also owned a macine running Ubuntu, so unlike you (Who I guess hasn't owned a Mac or iPhone) I believe I have a more experienced, and better view than you, and after owning a series of Windows laptops, I doubt I'd buy another Windows laptop. Heck, I'd never buy an iMac, but I'd buy Windows desktops for gaming. So don't call me an Apple fanboy. I owned a HTC mbile running windows, and I'd never buy another Windows mobile as the OS was too unstable. Notice how I don't resort to petty remarks about other products, even though I, unlike you probably, have used them? Because I'm open to all companies and OS', and products. If you've owned a Macbook, iPod and iPhone then yeah fine. But until you use them, don't act like a petty child dismissing products instantly without owning them.

That's like me saying I like Coca-Cola, and even though I never tried Pepsi I already hate it. You need to grow up and get out in the real world.
b5k 5th March 2010, 04:57 Quote
Quote:
Originally Posted by Pieface
I'd never buy another Windows mobile as the OS was too unstable.
I'd never buy an Apple product again because:
1) They're too expensive
2) They're designed to be pretty, not practical
3) They're locked platforms
4) I had a Mac once, it was amazing. Then they changed it into an Intel PC at 4 times the price.
Any professions that previously used Macs for their work (Graphic Design and Music Production lets say) are less likely to give two shits now. Why? Cause a Mac is now just a less functional PC.

5) Constant bullshit and portraying technology as a "life style choice".
Get a grip, it's a computer. It's like my screw driver set, I use it to perform tasks. It doesn't define what my life is - More of a stab at the marketing rather than products, but that's part of the company too. Does this count as a petty remark, or does this actually stand for something...

6) You don't own anything you've bought.
As recently demonstrated by Apple banning a pair of software engineers from their Appstore for reverse engineering their software and creating tools to allow people more control of hardware they bought. They bought the phone, paid for the service and bought all their apps. Yet despite this Apple still sees fit to remove them from the store. Paying customers who support their product enough to want to do MORE with it...and they ban them from the app store. (p.s. that means you can't use the apps you paid for)

What right does the company I buy from have to take back things I've already bought. What right do they have to brick hardware I've paid for. If you spend £300 on an iPhone (or w/e they cost) only to find your hardware got bricked cause you jailbroke it so you could change your background and what ever the hell else it is you want to do, I think you'd be pretty angry.

There are numerous things Apple have done in the past to shade peoples view of their products. From my point of view it's mostly value for money but ethics also comes into it. If i pay through the nose for something, which i would with an apple product, I want the most functionality I can get out of it. It seems that Apple doesn't agree with this and wants to keep everything neatly refined and internal...Way to take your market places. This the reason for the patent troll(and that's what it is), if Google can release an open platform smartphone that's got the easy of use of an iphone? Bye bye iPhone.

"Smart Phone" will just become another device. It'll be common to have gestures with unlock icons to unlock your phone. Or sensors and processors hooked together by some form of magic to perform an action dependent on user input!

Edit: The one exception to rule #2 i found was those tiny iPod shuffles. The ones that are just like a little piece of metal. Since there's no glass on them it's pretty easy not to scratch it or make it look shitty. I've always thought that if you have to sell protective covers seperately for your devices, you're not designing them right...and looking at the number of covers for iPhones...
ssj12 5th March 2010, 05:05 Quote
the US patent system seriously needs to be trashed
supermonkey 5th March 2010, 06:44 Quote
Quote:
Originally Posted by b5k
I'd never buy an Apple product again because:
1) They're too expensive
2) They're designed to be pretty, not practical
3) They're locked platforms
4) I had a Mac once, it was amazing. Then they changed it into an Intel PC at 4 times the price.
Any professions that previously used Macs for their work (Graphic Design and Music Production lets say) are less likely to give two shits now. Why? Cause a Mac is now just a less functional PC.
Actually, Apple design their products to be very practical. That's the whole reason for the "It just works out of the box" marketing. You're capable enough to tinker within a Windows or *nix environment, and that's cool. A lot of people don't want to deal with upgrading parts or downloading drivers. They want a computer that just works, and Apple is happy to deliver. Incidentally, this addresses your other points. Because of the locked system, Apple is able to pretty much guarantee ease of use. As a result, they also are free to charge a premium for that luxury. A lot of people choose to pay the premium so that they don't have to deal with the many "features" in Windows.
Quote:
Originally Posted by b5k
5) Constant bullshit and portraying technology as a "life style choice".
Get a grip, it's a computer. It's like my screw driver set, I use it to perform tasks. It doesn't define what my life is - More of a stab at the marketing rather than products, but that's part of the company too. Does this count as a petty remark, or does this actually stand for something...
I don't really see Apple doing anything different than any other computer company. Indeed, I would say they're doing the same as just about every company, in every industry. From household appliances to cars, and yes, even Windows ("I'm Bob, and I'm a PC!"), most companies market their products as lifestyle choices.
Quote:
Originally Posted by b5k
6) You don't own anything you've bought.

What right does the company I buy from have to take back things I've already bought. What right do they have to brick hardware I've paid for. If you spend £300 on an iPhone (or w/e they cost) only to find your hardware got bricked cause you jailbroke it so you could change your background and what ever the hell else it is you want to do, I think you'd be pretty angry.
Quote:
Originally Posted by iTunes Terms and Conditions; App Store Section
4. LICENSE OF PRODUCTS. The software products made available through the Service (the “Products”) are licensed, not sold, to you. There are two (2) categories of Products offered through the Service, as follows: (i) those Products that have been developed, and are licensed to you, by Apple (the “Apple Products”); and (ii) those Products that have been developed, and are licensed to you, by a third party developer (the “Third Party Products”). The category of any particular Product (i.e., Apple Product or Third Party Product, as the case may be) is identified on the Service application.
I'll concede that few, if any, people actually read the terms and conditions of the software they use, but Apple have plainly stated that you don't own anything you buy in the App Store. It's understandable to be upset that something you paid for no longer works. I'd be upset, too. I would also understand that I willingly entered the agreement. If I don't like it, I can always shop somewhere else.

Interestingly, that section goes on to outline the difference between Apple-developed apps and third-party-developed apps. If a third party app no longer works, Apple has made it clear that they are not responsible. You have to take it up with the person who developed the app. Then again, nobody reads the Terms and Conditions.

Furthermore, I bet that Microsoft have similar things in their Terms and Conditions, as will just about all the smart phone app marketplaces. That is not unique to Apple.

Incidentally, here is the important bit from XP Pro's terms (bold emphasis is mine):
Quote:
Originally Posted by Microsoft Windows XP Pro Terms of Use
19. The Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.

I think people would be amazed at how many things they paid for, but don't really own.
Quote:
Originally Posted by b5k
I've always thought that if you have to sell protective covers seperately for your devices, you're not designing them right...and looking at the number of covers for iPhones...
Sorry, but you can buy an accessorizing cover for every device. Again, that is not unique to Apple.
alastor 18th March 2010, 09:32 Quote
Well the HTC response is out, they'll be fighting:

http://www.htc.com/www/press.aspx?id=126080&lang=1033
HourBeforeDawn 18th March 2010, 17:39 Quote
Quote:
Originally Posted by alastor
Well the HTC response is out, they'll be fighting:

http://www.htc.com/www/press.aspx?id=126080&lang=1033

Good I hope Apple doesnt win, this is such BS.
cyrilthefish 18th March 2010, 20:27 Quote
Quote:
Originally Posted by complover
Well I hope Apple don't win, they're turning into a bit of a microsoft at the minute
Interestingly as far as mobiles go at least, Apple are leading the evilness now and MS are copying them :p

upcoming 'features' of win mobile 7:

locked-down app store with no other way to install things
No multitasking
No Copy/Paste
No removable media

Go Android, we need somebody to counter the evilness :(
eddtox 18th March 2010, 21:39 Quote
Maemo.
Ficky Pucker 19th March 2010, 17:55 Quote
apple suck balls
sompo 8th August 2011, 08:57 Quote
yeah...HTC is the best in the world......love it.
Log in

You are not logged in, please login with your forum account below. If you don't already have an account please register to start contributing.



Discuss in the forums