18
Jul
Evil_Apple_by_rstovall

Android's latest indirect legal tussle to come to a head, a patent suit between HTC and Apple, was ruled on last week by the US ITC (Court of International Trade) - finding the Taiwanese manufacture liable for two counts of patent infringement. This news has spread like wildfire through every corner of the tech blog world. But is there really anything that's changed right now (or even in the near future) because of the outcome of this suit? Not really, no. Even the long-term, worst-case-scenario implications aren't exactly terrifying - and here's why.

Appeals Process

As many sites have pointed out, HTC has vowed to appeal the ruling of the ITC. They will likely make that filing in the next few weeks, at which point the case will be docketed into the United States Court Of Appeals for the Federal Circuit in Washington D.C. This is the only court HTC may appeal to, and the Federal Circuit is one busy court. If HTC loses again, their only recourse would be the U.S. Supreme Court, which is very unlikely to hear a patent case unless a genuine question about the applicable law has been raised.

Now, the appeals process actually takes significantly less time than the initial trial. Some have speculated that the 15 months the ITC took in deciding the original case would be a benchmark for an appellate hearing, but this isn't set in stone. Appellate cases are largely dependent on the caseload of the court hearing them, rather than the complexity of the issues - because on appeal, the only arguments that can be brought forward to challenge the judgment of the lower court are ones that are ones HTC previously raised. Essentially, courts of appeals decide whether or not a lower judge was right or wrong - tying the hands of the parties involved by limiting them to bringing up very specific issues related to the outcome of the previous hearing.

This means the trial process is a lot faster, generally speaking. Getting into court may take a while - but we'll see when the Federal Circuit dockets HTC's appeal for. The appeal could very well not be heard until 2012, but I'm not familiar with the current scheduling backlog that particular court faces.

Either way, it's going to be a while before HTC, even in the event of a relatively quick appellate proceeding, has to "face the music" and deal with this infringement issue.

Import Or Sale Ban: It's Not Going To Happen - Ever

No court is going to ban the import or sale of HTC's phones in the United States for infringing two patents. It is simply not going to happen. Anyone who tells you otherwise is just trying to make the situation sound much scarier than it is, or will ever be. Even if a court were to, for some inexplicable and utterly absurd reason, order such an injunction, HTC's appeal and a subsequent motion to put a hold on that injunction would prevent it from being enforced. At that point, talks would commence for patent licensing royalties, and the injunction would never see the light of day.

I personally get rather tired of the endless speculation proffered up by many that an injunction "could" ban the sale and import of Android phones - whether they be Samsung or HTC - in the United States. Injunctions like that may only be issued by courts as judgments when there is no other adequate remedy at law for the injured party. In patent infringement, injunctions rarely come up unless the party infringing is doing so willfully and repeatedly even when the trial has, or has nearly, come to an end.

HTC isn't stupid - if they take the case on appeal and it becomes clear that the judge isn't sympathetic, they'll settle. Any phone manufactured before the date of the final judgment is considered a past infringement (unless HTC attempts to purposefully "ramp up" production in anticipation of such a ruling - in which case it's a whole different ball game) - all of which can be compensated through monetary damages. Future infringement would be barred by an order enjoining HTC from committing such acts, but there would be no "import ban." It just doesn't happen, not in a case where the merits of the infringement arguments are very clearly at issue.

Worst case scenario, HTC is forced to kiss and make up with Apple, write a fat check, and sign a royalty agreement.

Royalties?! Gasp!

HTC already pays Android royalties to Microsoft - and they don't seem to be cutting into the company's record-setting profits too much. Another royalty agreement wouldn't be a welcome addition to HTC's balance sheets, but something tells me it wouldn't be the end of Android, either. Companies license software and technology all the time, a royalty agreement isn't a death knell - it's part of business.

Apple wouldn't demand an amount that could actually hurt HTC's sales - Apple wants HTC to sell all those wonderful Android phones, as every handset sold would just be another couple of bucks under Steve Jobs' mattress.

Alternative Options

HTC does have alternatives up its sleeve. Namely, it could stop infringing on the patents in question. Whether or not this is really possible given the way the Android OS functions, I'm not sure. I haven't looked at the patents in question very closely, and I'm not a patent lawyer or a programmer - I couldn't tell you if HTC would be able to code its way around Apple's intellectual property.

But they seem to think it's a distinct possibility:

"As a leading smartphone innovator for more than a decade, we develop and acquire technology in many areas and strongly believe we have alternative solutions in place for the issues raised by Apple"

HTC

That could very well just be puffery - it's impossible to know exactly how confident HTC is in that statement, as it's one that is more than anything else meant to scare Apple and downplay the situation to investors. But who knows, it might be true - HTC could be furiously working away at methods to navigate around Apple's patent-minefield.

See? Not Scary

I hope this has cleared up the situation for some of you, as there's a lot of speculation and hyperbole being bandied about regarding the ITC ruling. While it's true that ITC rulings are rarely overturned, it's equally true that there's no reason for Android fans, developers, and hat-wearing enthusiasts to worry about it in the short term.

Even out on the horizon, a ruling in Apple's favor wouldn't spell doom for Android or HTC. Sure, it'd be a financial impediment - but in all likelihood a minor one given Android's explosive growth and ever-increasing list of OEM partners.

David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • http://www.hotmail.com yawar

    How can u download this to your HTC

    • Telanis

      How can you English to the brain and drive your computer using keyboard with YOU'RE AN IDIOT.

  • Frank Zermeño

    I still say we boycott Apple products.

    • SiliconAddict

      Been doing so for years. I'll go back to a dumb phone before I EVER touch another god damn Apple product.

      • http://gplus.to/LAmDroid LAmDroid

        Im already bothered by the fact that MS get's 5$ everytime an HTC Android device is sold. It's going to bother me even more when another 15$ goes to Apple everytime I buy an HTC Android device.

  • Josh

    I think apple should have their patents revoked. One of them is just a basic description of during some information in fields in some data structure and retrieving it, which means a lot of code from everyone infringes on it. It's like having a patent on a basic function of life, like a system for breathing.it's garbage

    • Frank Zermeño

      So true. I don't know how they issued a patent on "doing something with information" in the first place. Apple needs to be taken down.

      • http://www.wix.com/Gigitsu/Gigitsu/Home GigiAUT

        Apple is a patent troll if ever I saw one. They behave like spoiled brats. As soon as someone is doing well and showing signs of being worthy competition, they go and taddle and try to get the competition eliminated.

        A bunch of p***ies too scared to man up and face their competitors because they know how good they are.

  • Jaz

    Youd think a judge would take into consideration the stupid appstore deal apple tried coming after amazon for, saying the appstore name is theirs and no one can use it. Unbelievable.

    • Frank Zermeño

      I'm surprised they haven't sued markets for selling "apples" yet. Honestly, I wouldn't be surprised if they did.

  • Brian

    I'm not only boycotting fruity products, I am going to speak out against them from this day forward. Half that stuff shouldn't even be patentable.

  • MikeJwF

    I just patented to word patent.

  • http://www.protodepot.com E.J.Su

    I don't know. This article is based on Apple's good will and good intention, but what's better? 70 or eventually with diminishing of Rim and gain probably 90% of the US market? or gain 5% of the loyalties on 40% of the US market?

  • honkj

    No court is going to ban the import or sale of HTC's phones in the United States for infringing two patents. It is simply not going to happen

    you are utterly wrong... the ITC has full authority to make such a decision, and does.

    at that point, talks would commence for patent licensing royalties

    this is by no means a given, we are talking about HTC here, with no real patent portfolio, it very well could be that Apple simply asks the ITC to ban imports. and YES APPLE COULD ASK....

    this is a serious situation.... you trying to hide from it doesn't make it any less so...

    this will take until 2012 sometime, but to some how assume that 2012 is a long way off is.... being naive.....

    this gets very very serious since there are about 12 other patents being contested, which also be decided in 2012....

    • Tom

      I don't even think Apple WOULD ask for a ban. I believe they just want royalties/licensing. They know that they are fighting a losing battle. They will never get back on top of the market for smartphones and eventually tablets.

      They know this! Their actions are basically telling us that they know this. They are admitting defeat, that's what these acts of desperation are for with all the patent crap.

      They're upset, but they're gonna make the best of it. IF they get a percentage paid to them from their competitor for each device sold...Could you imagine? That ensures that they can survive in a market dominated by Android. They could have 10% of the market and still be happy and fine. Far more Android suppliers out there. Far more devices.

      Ha, see, they learned from Microsoft =)

      • honkj

        Ha, see, they learned from Microsoft =)

        you may want to check what MSFT's stock price is, compared to Apple's (market cap wise and every other metric)...

        Apple learned that you make sure you patent the hell out of something right after you create it, and get good lawyers, because MSFT was handed the patents by mistakes by Apple...

        Apple learned their lesson there alright...

        • Zep

          you might want to know the history of both stocks.

          apple has only split stock 3 times and microsoft has split 9 times

        • honkj

          wow... "split 9 times"

          does that mean you think the stock is worth more after a split? sorry, i thought i was talking to someone who had a clue....

    • Telanis

      Your "argument" fails to give a reason why the ITC would ban HTC's imports. It would likely regard Apple's failure to set up a licensing agreement as a failure to mitigate damages. Either go to law school or shut up.

      • honkj

        uhhh, the reason why the ITC would ban HTC's imports, is because THAT IS ALL THEY DO... geesh man... they have no authority to award damages, no authority to do anything else BUT BAN ...

        hello????

        Apple is not after "licensing fees", Apple has more money than God even knows what to do with... this is not at all about Licensing fees, this is about correcting the past mistake of not getting the proper patents in place, getting good lawyers, and ENFORCING THOSE PATENTS.....

        since Apple does not want "licensing fees" and HTC has no patents that Apple is interested in... there is very few things left apple could have done... and the big one is banning imports,

        • David Ruddock

          You fail to consider something in the US called the "appeals process" - HTC can take not just the infringement, but the damages awarded to appeal (at the US Federal Circuit) and argue that the damages awarded are unduly prejudicial, as well as actively dispute the validity of Apple's patents, and request they be reviewed.

          All the while, HTC's injunction / import ban would be put on hold pending appeal.

          In the meantime, they'd actively work to either negotiate a royalty agreement, or code themselves out of infringement - rendering the ban an unjust remedy.

          HTC has plenty of room to wiggle. Your prophecies of the Android-apocalypse are about as believable as those of William Miller.

  • Tom

    It's just the statement Apple is making and what they continue to do to the consumer that bothers me. They already overcharge for their hardware, what else do they want?

    It's also this patent BS that they continue to pull. Rather than compete with their product, they compete with these cheap tricks through their legal team. It's just absurd. You can't patent everything. It just doesn't make sense. The way software works there's only very few things that should be patented because typically the programmers doing the research do it in groups outside of companies and then bring it to companies. Apple is great for this -- they gobble up a LOT of tech, including their mult-touch. What? You think Apple invents this stuff? LOL. Most of their stuff is acquired not developed in-house. Even Google and Microsoft do this too. So you know what? There's other people involved in that research and forks of projects and things that people code differently to achieve the same functionality... It's just stupid to try and put a patent on things like that. Rare is it that there's anything "unique" in the software world these days. In fact, software is better off when its done in a collaborative effort....And most of the good tech we see these days is actually born from collaboration. So you tell me how you patent something like that? What you're really saying is, hey I'm the first to go fill out a form, so I can go F***K my buddy! Thanks for the help building my super cool idea, now drop your pants!

    I am a programmer so I can tell you this from personal experience.

    The one patent in this case I believe was something to the affect of being able to detect if text was a phone number or e-mail and then launching the appropriate application to handle that piece of data. That data detection system. Seriously? Obviously the judge never used a computer before in his life. Every operating system and web browser does this. So Apple I guess will sue Skype next for their browser plugin that makes phone numbers dial-able whereby they launch the Skype application. Make that the entire web browser for e-mail addresses popping up e-mail clients too.

    Come on. There needs to be a line drawn. I really think this is just desperation from Apple since they see the scales tipping and their products losing ground. They have no other moves. The iCloud crap is a day late and a dollar short. What? No patent there? Apple didn't patent the cloud? I'm surprised. No one else holds one? No one can give Apple a taste of their own medicine? Apple talks about wishing companies didn't steal, but here we go again with another idea stolen by Apple. Or what I really prefer to call, "inspired by" ... Which is exactly what Android and HTC and Samsung all were...Inspired by Apple. Not stealing. Dumb schmucks over there in Cupertino.

    Since the iPhone is now responsible for so much of their business, they're gonna do anything they can to hold on to as much ground as they can. Really what they should do is make real upgrades rather than selling people the same damn phone year after year.

    • Liz

      +1, Tom. Over and over and over again...

    • Jasper2

      How can you make a statement like "they already charge too much for their hardware" without a huge smiley at the end? So perhaps they should hire you as a consultant to tell them what a fair price is. Hmm. I always thought the market did a pretty good job of doing that. Does Apple charge too much for its stock, too? Oh, that's right. There is a stock market. Well, duh...there is a HARDWARE market, too. No one holds guns to peoples' heads to pay up except for the government and hoodlums.

  • honkj

    i think apple should have their patents revoked. One of them is just a basic description of during some information in fields in some data structure and retrieving it

    simply because you display sophomoric knowledge of what the patent really is, doesn't mean this is any less serious... the ITC looked at the patents, who's opinion do you think matters?

    if that were not something to look at, simply looking at what happen to the two stocks will inform you quickly of how important this patent is... and by the way it was granted in 1996, before Google or HTC existed...

    that is how serious this is. you might want to familiarize yourself with that particular patent. Without it, people will laugh at what HTC provides...

    • Tom

      DUDE. Stock drops because people don't know how technology works and they get scared. Guess what else? The FREAKING JUDGE doesn't know how this stuff works either! Half the damn lawyers present there also don't know how the hell it works or where the technology came from.

      It's extremely easy to get confused with this stuff. Our legal system is not prepared to deal with this stuff. If a company get pay enough money to get some convincing lawyers...Then they can find loopholes and use cheesy patent tricks to get an advantage. That's all it is. Money bro. That's it.

      Hell, if Casey Anthony can get away with murder, we shouldn't surprised that Apple can get a ruling in their favor on some lame patent.... Doesn't make it right though does it?

      • honkj

        the "freaking Judges" at the ITC decide on banning or not banning products, they are a sledge hammer for companies wanting relief from other companies stealing or importing "copies" of home land company products...

        the "freaking Judges" are expert at this particular function.. and deals with it all the time...

        the patent is very simple to understand, no one ever did it before in 1996, it is common place now... but just because a xerox machine is common place, it doesn't mean you can copy it and bring the copy into the country.

    • Telanis

      The point is that patent laws are idiotic. They don't protect inventors anymore, they cripple creativity and tie up the legal system with utter crap.

      If you were a software developer you would know exactly how simple and basic the patent in question is. Such things are supposed to be unpatentable, even under the current patent system. The patent office is ignorant of most everything to do with science and technology and simply is not qualified to deal with these issues. The fact that they do deal with them is a real problem.

      THAT is how serious this is. Turn on your brain before using the internet, please.

      • honkj

        If you were a software developer you would know exactly how simple and basic the patent in question is.

        funny, the say the same thing about the light bulb...

        The patent office is ignorant of most everything to do with science and technology and simply is not qualified to deal with these issues

        and how exactly is your summation of the patent problems going to help HTC????

        are you sure you know what "how serious this is" means????

  • honkj

    Seriously? Obviously the judge never used a computer before in his life.

    obviously you never used a computer before 1996.... before 1996, no one heard of doing such a thing...

    if you think Apple charges too much DON'T BUY...

    you can tell when a person's prejudice is purely stupid or not... what you do is look at the opposite view from 1 or 2 or 5 or 10 years (what ever time frame they are referring to), (in this case 1996)..

    and do a "what if the person invested all his money in this opposite view", (like buy Apple stock in your case) and if the net result is that the person could have retired on an island, AND BOUGHT THAT ISLAND, then the person's prejudice is just really moronic. but what ever floats their boat i guess... we have to have poor people in the world too.

    mean while Apple's market share in every division continues to increase, with that "overpriced" hardware... obviously someone knows what they are doing, and how to price it...

    • Tom

      Go learn about the history of Apple and Microsoft. Also, there's a really good video with an interview of Steve Jobs and Bill Gates. Watch it. Get your learn on and then come back and make some comments.

      • honkj

        where in the world did you get "MSFT" out of that post above? you might want to take a course in comprehension before you come ... make some comments?

        apple filed this particular patent in 1996... it had nothing to do with MSFT????

  • Scooterman1

    I might agree with this article, but I CLEARLY remember Psystar Corp. Does that name sound familiar? That is what is scary about Apple. So much like Microsoft in the past.

  • bobomb

    Apple does NOT want HTC to sell phones. They don't want to license patents, they want to kill all competition and have no problem patent trolling in their attempts to do so.

    It's alright. Won't work. More and more people will start to see them for what they are. Patent trolls who sell mid grade hardware with a "meh" interface for prices through the roof. The Apple fanbois have been lapping it up, but that's coming to an end.

  • richardyarrell

    AS EXPECTED...I know people would love to see the END OF HTC why because they placed windows mobile on the map and have MADE ANDROID #1 something people instantly know all about. If anyone at HTC says they have an alternative solution in place for the issues raised by Apple" as far as working around these patents that WON'T disrupt android THEN i BELIEVE THEM 100%. Google respects HTC as well as SPRINT and you can rest assure that these problems and issues will be addressed directly by Eric Schmidt and Peter Chou. Apple IS SO STUPID THAT THEY JUST CREATED A BIGGER PROBLEM FOR THEMSELVES by bringing people and companies together much closer definately HELPS ANDROID. The best minds reside at GOOGLE AND HTC and if any changes need to be conducted to the platform then as consumers we have NOTHING TO WORRY ABOUT. As much as I dislike MOTOROLA and SAMSUNG they pretty much helped HTC and this patent crap because it's not HTC DIRECTLY THAT VIOLATED ANYTHING IT'S android the linux kernal matter of fact this goes back even further than that..Piss on that DEFECTOR who left GOOGLE TO WORK FOR APPLE....

    • Martian Ambassador

      Pirates banded together in the Age of Sail to plunder treasures that they had no right to under the laws of the time and were systematically hunted out of existence.

      That's exactly what Oracle, Microsoft, and Apple are up to as regards the OHA.

      Their contention is that Android is a mishmash of lifted code and stolen patents, and whether that is ultimately true is almost beside the point--just as pirates claiming to be liberating the gold of the natives were still hung at the Admiralty Dock.

      This is a might makes right type of war. Because Android's foes have the depth of resources and firepower that the old Royal Navy could bring to bear on the perceived problem of the pirate bands, Android is in mortal danger, or at least in danger of being unusably expensive for a "free OS."

      Mark it down, the HTC action is just the first skirmish, being fought with some of Apple's oldest and consequently most expendable patents. The more recent filings surrounding the iPhone's design, GUI, middleware, and its OS processes in depth are being awarded at an increasing rate and Apple has in the past few years also acquired the portfolios of Novell and Nortel as so many more cannon to fire.

      Maybe what is happening to HTC now is of no great import, but the bulk of the fleet's firepower is just coming over the horizon.

      I would also look for Apple to be divesting themselves of any large scale reliance on Samsung as a component provider of the future as soon as it can be managed. They'll hit Samsung Mobility by starving Samsung's component manufacturing arm of billions of dollars a quarter.

      Eric Schmidt and Larry Page really stepped into it with Steve Jobs. The entire OHA is going to be made to pay as dearly as Apple can make them.

      Never underestimate personal hatred at the command level as a motivator of scorched earth tactics in business.

      • Aeires

        You give far too much credit to Steve Jobs. Apple isn't indestructable.

        Never forget, it was an MP3 player that saved Apple. Regardless of how much money they have now, it can all fall apart easily as their empire is based upon public opinion. Enough people start to dislike Apple and sales drop. The end isn't far after that. It can happen to any company.

        • Martian Ambassador

          No, Apple is not indestructible, but Oracle, Apple and Microsoft ganging up to curb stomp Android in a series of actions that the average consumer in the US and Canada doesn't give a rat's ass about is a formidable obstacle to the long term viability of Android.

          Thinking that public opinion is going to turn on Apple when they are not the only concern going that is legally trying to destroy or drive up the costs of Android is fantasy.

          Also, the MP3 "save" of Apple is next to irrelevant today. Yesterday they were hanging on, today they command a $70 billion war chest and are widely perceived to have set the standard in touch screen phones and are really the only meaningful player in the tablet market.

          And that doesn't even go into their growing power as a media gateway.

          Android is not really under serious threat in the HTC case. The danger is much more comprehensive than one suit before the ITC.

        • honkj

          "mp3 player" did not save Apple, Steve Jobs basically swept away old Apple, and created a new Apple. literally, they threw away the whole product line, and fired just about every single manager, and replaced them...

          this isn't about Apple being destructible or not, this is about what is going to happen in 2012, when HTC has exhausted it's appeals...

          HTC is very much destructible, and Apple could very well be the person doing the chopping...

          it isn't about one ruling, but you have to start somewhere, and this is THE FIRST RULING AGAINST ANDROID...

          an OS that started out as a normal mobile OS, but when Eric was on Apple's board, he saw what Apple was doing, and copied a bunch of what iOS is into the Android system.. including multitouch and big screens...

          without iOS, Android would have been just another Mobile OS on just the same old some old mobile phones....

          Android copied (through Eric being on Apple's board and stealing) and Steve Job's took it personal...

          I know this for a fact... and now it is pay back time... there is not licensing fee that is going to happen here...

      • honkj

        Eric Schmidt and Larry Page really stepped into it with Steve Jobs. The entire OHA is going to be made to pay as dearly as Apple can make them.
        Never underestimate personal hatred at the command level as a motivator of scorched earth tactics in business.

        wow, someone figured it out... this is exactly what is happening... but you didn't go into why there is this vengeance going on..

        Steve Jobs invited Eric to join the apple board, Steve Jobs trusted Eric as a friend would trust someone... Eric saw the iPhone being put together, and immediately changed Android to be a copy of the iOS iphone software... Android was before then, just a mobile OS exactly like all the rest that were out there before the iPhone...

        Steve Jobs feels it is his responsibility that he invited this "pirate" to the party... and it is out for vengeance... Eric is nothing more than a pirate for what he did... he literally stole ideas and tech... literally....

        Steve Jobs will not rest until Eric pays the ultimate price......

        for someone to say this is about money, is being naive, Apple has more money than God even knows what to do with... they also sell more iPhones than the next 6 competitors, COMBINED....

        this isn't about money... only people who have zero idea of what is going on, believe that....

  • Tim

    I like my HTC Desire, but will probably get the iPhone 5 just to try the other side of the fence: the hardware is better, and in some ways iOS 5 is better than Android, particularly if jailbroken, plus I use a MacBook Pro. Android is very good though. We'll see. I certainly hope Android continues to be a very strong competitor to Apple because it encourages innovation and keeps the price down. Apple fanboys should love Android: a strong Android makes Apple cheaper and better.
    Of course, Apple would prefer not to have the competition. They don't have much incentive to settle. Google's will perhaps need to cross licence with Apple although they only have cash to offer it seems; HTC is out of its depth I think. It's a pawn on the chessboard. We're going to find out how important Android is to Google.

    • iDork

      the hardware is better? what hardware, it doesn't even exist yet

  • http://r3nrut.com r3nrut

    These comments are plagued with idiocracy. #FAiL

  • jay

    apple is a united states based company htc isnt gonna win them cause the us government is gonna kiss apples butt

    • richardyarrell

      US goverment could care less about apple just like the most of us. I applaud HTC and always will because at the end of the day who really needs what apple sells I never will that's for sure

      • squiddy20

        And while its just gravy that you won't ever own an Apple device, you show your ignorance (again) with your comments. What you fail to realize is that the government does basically care. Apple gives money to various lobbying groups/political parties/politicians to vie for their (Apple's) interests in the world of politics. All companies do this. It's just a matter of how much is given by the company and to whom. Get with reality or shut up.

    • honkj

      ya, and the ITC is a US institution mainly charged with protecting US companies from these "companies" simply copying US tech, and importing it...

      so ya, in that regard, the US government kisses US citizens' butts...

  • L boogie

    Been following this case since it dropped and the fact that the “good artists copy, great artists steal” company has a momentary victory hasn't changed the android landscape at all in fact, when this is all said and done, apple would dig themselves into a bottomless pit thanx to their own hands. I guess it's not bad enough the patent trolls constantly rip-off their consumer base (though they're some that defend the company regardless of this which makes me wonder), developers, merchants etc now the "innovators"are worried that their reign is coming to an end and so target those who have allowed the competition to ascend and contest for supremacy. It's amazing in the course of the case that apple went after htc right after the purchase of s3 who has filed a case against the patent trolls for guess what? Patent infringement. Makes me wonder about their future

  • Dan

    The ITC is not the Court of International Trade. They are 2 seperate entities.

  • Steve

    Apple can suck my dick

  • http://robert.aitchison.org Robert Aitchison

    As other commenters have mentioned this article assumes that Apple is remotely interested in licensing. I honestly don't think they are interested in making a few bucks on every Android phone sold when they see (almost) every android sale as a lost iDevice sale. They would rather make a couple hundred on an iPhone than a couple bucks on an Android phone.

    If Android were a bit player in the market (ala WP7) Apple would let it slide of go for royalties to reduce antitrust scrutiny but Android has been outselling iOS which is a huge problem for them.

    • Martian Ambassador

      That Android is "outselling" the iPhone is not really a great concern to Steve Jobs because Apple makes money hand over fist in comparison to every Android OEM in existence. Just look at their Q3 results today.

      Apple is well used to posting massive profits without the attendant massive market share, so I doubt very much anyone in Cupertino is up nights sweating out iOS sales versus Android activations in Russia or something like that.

      The longer the iPad goes without a viable mass market adopted competitor, the more likely it will be that there will never be a viable Android tablet that commands any appreciable percentage of the top end of the tablet market. All the phone activations in the world will never make up for Apple commanding not only a great fraction of the top end of the phone market but also being pretty undisputed at the top end of the tablet market as well.

      I really believe that the iOS versus Android "war" that we are seeing is the corporatized version of a feud between Steve Jobs and his former buddies, Larry Page and Eric Schmidt. And Jobs has bought some unlikely allies of late if the Nortel auction was any indication.

    • David Ruddock

      Apple has been happy for a decade as a manufacturer of high-end computing products, and enjoys the highest margins of any company in the tech industry. They aren't "threatened" by Android, trust me.

      Apple knows full well that Android's competition is part of the proverbial fire-under-their-asses that keeps them innovating, and as long as Apple keeps the closed garden approach, high quality construction materials, and "cool" factor - they're in no danger.

      Apple *does* want to slow down Android, because this gives them time to play catch up, and Android is growing at a scary-fast pace. To sit idly by and watch Android eat up the market share would be moronic as a business strategy. Apple has no desire to see Android "die," but it does need to keep its growth in check and assert Apple's very strong IP portfolio - a key part of Apple's products maintaining their "exclusivity" factor.

    • honkj

      Android has been outselling iOS which is a huge problem for them.

      ahh, someone got the old "activation" mis-information..

      name oh any 13 or 20 Manufactures that have sold 35 million Android devices COMBINED, compared to the 35 million iOS devices just sold in the last quarter? the reason you can't is because they don't exist...

      this isn't about money or a "problem" with sales.. or anything of that sort, this is personal.. Eric was invited to Apple's board...BY Steve Jobs, Eric sat and watch presentation after presentation of the iPhone development, and proceeded to steal it literally... and put it into Android, (before which was just a standard mobile Os with no multitouch, nor screen interaction...)

      Steve Jobs took this personally... and now Eric is going to pay the price...

      as we speak the patents Apple applied for when the first iPhone came out are being granted, and it is going to get ugly..

      make no mistake, this isn't about money, this is about Eric being a slime ball... and Steve Jobs taking it personally.

  • http://www.realitypod.com Realitypod

    I was agreed with this blog. Apple didn't like others to sell the phones.

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