Apple launches second patent complaint against HTC

Apple has filed a second patent-infringing complaint against HTC as they now try to block imports of what they called “Personal electronic devices” from the Taiwanese company.

According to SFGate, the complaint was filed late last week on July 8th, though no copy of the complaint was available and no additional details have been released.

HTC’s general counsel Grace Lei said in a statement that “HTC is dismayed that Apple has resorted to competition in the courts rather than the market place," Meanwhile, Apple spokeswoman Kristin Huguet asked the press to refer to an earlier statement about HTC, which said that “competitors should create their own technology and not steal Apple's.”

This filing marks Apple’s second complaint against HTC, with the first dating back to March 2010. Apple then stated that they were suing the Taiwan-based smartphone manufacturer for infringing on 20 Apple iPhone patents.

The patents relate to the iPhone’s user interface, underlying architecture, and hardware. Apple filed the lawsuit with the U.S. International Trade Commission (ITC) and in U.S. District Court in Delaware.

HTC then launched a counter-suite against Apple just two months later, saying that the company had infringed on five HTC patents. Finding on that case are to be presented on September 16.

HTC’s general counsel Grace Lei said in a statement that “HTC is dismayed that Apple has resorted to competition in the courts rather than the market place," Meanwhile, Apple spokeswoman Kristin Huguet asked the press refer to an earlier statement about HTC, which said “competitors should create their own technology and not steal Apple's.”

This latest complaint by Apple adds to an already busy past few weeks for the company’s lawyers thanks to their other ongoing patent battle with Samsung.

Image Source: Mobile Ireland

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I was just issued patent 3.14159265. So now if you even think about baking a pie, or if your kids play with mud pie's or if you see a pie in the sky, I will be paid. If you dont pay me, I will take you to court......

(Ok so i have a loose interpretation of pi )

You forgot to mention that HTC's general counsel Grace Lei said in a statement that “HTC is dismayed that Apple has resorted to competition in the courts rather than the market place".

SK[ said,]Google should sue Apple for using the notification dropdown menu.

sued by who though>? I dont think google can patent an open source project.. cause its exactly that, open source

SK[ said,]Google should sue Apple for using the notification dropdown menu.

Um, ya if Google came up with the idea maybe... But since this existed a long time ago, and Xerox used this concept pre-dating the Mac UI even, I don't think this is something Google would get very far with.

Additionally, since Android was 'bought' by Google, and the original creators of the project were OSS, they probably didn't patent any aspect of Android.

Seriously, everyone does understand Google did not invent Android, any of its components or even write the base code for Android, right?

SK[ said,]Google should sue Apple for using the notification dropdown menu.

Actually if Microsoft wanted to they could sue Apple, why?

Apple ripped off the WP7 viewfinder for the camera, more specifically, "a way to move between active and passive content" within the camera viewfinder.

If you don't believe me, Google it.

Lachlan said,

sued by who though>? I dont think google can patent an open source project.. cause its exactly that, open source


Open source just means that the source code is freely available. I don't believe it actually stops you from patenting the features.

djdanster said,
When will patent trolls realize that trying to block imports is a feeble and unrealistic request
Probably when they stop getting away with it. Too bad that's probably not gonna happen any time soon, eh?

"competitors should create their own technology and not steal Apple's"

Anyone else spit coffee or soda when they read their response?

Reminded me of this article from a couple of weeks ago:
http://news.discovery.com/tech...er-patent-myths-110628.html

I think they are seriously starting to believe their own BS. I sadly am afraid they will buy into their own marketing, and they abandon the 90's agreements with Microsoft and go after Microsoft. If this happens, Apple could literally be forced to halt sales of every device and computer they sell if Microsoft is forced to fully counterstrike.

This is somewhat analogous to the Cold War, except instead of nuking the planet, the technology industry would be shattered until patent, trademark, and copyright law is rewritten for software and hardware techology.

Apple keeps trying to redefine the current limits of the law, just as they did in the 1980s and early 1990s in their lawsuit against Microsoft and partners that provided customized shells for Windows, like HP.

Apple and Xerox shoved software copyright and patent law to the edges once already, and it was pulled back once in 1998. Now we are facing the same subversive techniques by Apple, in applying design or description aspects of patents to redefine the entire patent. Aspects that 'describe' the 'idea' being patented are not covered by the patent, but Apple is trying to use them. Especially when they are pressing the look and feel patent laws.

If I patent 'Amazing Flat Ball', and then describe the patented idea as a round ball that can be pushed flat because it is made from a specific molecular compound of XYZ. I should not be allowed to sue for 'look and feel' of anyone that makes a 'Ball' or a 'Flexible Ball' because it violates the look and feel or aspects of my patented 'Amazing Flat Ball'. The 'idea' of this fictional patent is a specific ball using a specific compund, not a ball or a flexible ball or anything that looks like a ball. It also does not cover all balls or flexible balls.

And as crazy as this example sounds, these two things are exactly what Apple is trying to do, which would change the very nature of a patent and the language used in the patent application.

The stupid thing, is if they ever win a case like this, it would harm them more than anyone, as other patents that use vague language could be applied to everything they make and put them into litigation hell.

Sadly very stupid...

"Apple has resorted to competition in the courts rather than the market place"
lmao
Patent trolls. Every lawyers dream job would be to be a part of Apple's legal rep team.

Seriously, HTC's products look sooo distinct from Apple's, both hardware-wise and software-wise. Meanwhile Apple is blatantly ripping off Androind and WP7... Frigging patent troll. I just hope everyone gangs up on Apple and sues its ass. The company totally deserves it.

Poom said,
Seriously, HTC's products look sooo distinct from Apple's, both hardware-wise and software-wise. Meanwhile Apple is blatantly ripping off Androind and WP7... Frigging patent troll. I just hope everyone gangs up on Apple and sues its ass. The company totally deserves it.

It is ok that HTC pays patent troll Microsoft $5 for every Android phone, but it is evil to pay Apple for its patents ? Is it because Microsoft makes more money extorting HTC than from selling WP7 ? or maybe because Apple makes more money from 1 phone than all phone makers, Android+wp7+symbian+palm.. make together ?

alexalex said,

It is ok that HTC pays patent troll Microsoft $5 for every Android phone, but it is evil to pay Apple for its patents ? Is it because Microsoft makes more money extorting HTC than from selling WP7 ? or maybe because Apple makes more money from 1 phone than all phone makers, Android+wp7+symbian+palm.. make together ?

Well, I cannot see what patent HTC should have violated, their user interface isn't similar to the iPhone at all?

alexalex said,
It is ok that HTC pays Microsoft $5 for every Android phone.

Yes, because that was a business deal made behind closed doors to license intellectual property.

If MS were to go out and sue each and every hardware vendor they depend upon to make devices for their OSes, then they'd be out of business.

If HTC had dismissed the arrangement, then MS may have pursued legal action such as this.

alexalex said,

It is ok that HTC pays patent troll Microsoft $5 for every Android phone, but it is evil to pay Apple for its patents ? Is it because Microsoft makes more money extorting HTC than from selling WP7 ? or maybe because Apple makes more money from 1 phone than all phone makers, Android+wp7+symbian+palm.. make together ?

I have never mentioned my support for Microsoft's actions though. I am just condemning Apple's.

alexalex said,

It is ok that HTC pays patent troll Microsoft $5 for every Android phone, but it is evil to pay Apple for its patents ? Is it because Microsoft makes more money extorting HTC than from selling WP7 ? or maybe because Apple makes more money from 1 phone than all phone makers, Android+wp7+symbian+palm.. make together ?

Differentiate between licensing and suing. Microsoft believes in licensing stuff they have patented, Apple sues. Compare it to "We developed this product and request you to pay us if you use it. The fee relates to the success of your product." and "We developed this product and you cannot use it. If you can't afford a five year long legal process you better get off and stop selling it" <=> Open up a hand to get payed or hit someone in the face, hoping for a KO.

dotf said,

Not cool. As much as I dislike the guy, with his health issues, this is poor taste

His health, or lack of, is irrelevant. His health doesn't make him an a**hole.

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