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Federal Judge turns away Apple protests, HTC patents likely to stand

I hate writing about patent news, but I can’t deny that every time I come across something positive for an Android OEM a part of me wants to cheer them on in their battle. This time, it’s HTC that brings us some good tidings, with the Federal Judge in their lawsuit against Apple turning away the Cupertino-based company’s claims that the patents in question should be invalidated because HTC bought ADC Telecommunications Inc with the sole purpose to use the IP aggressively. I guess the law book that they have states that it’s OK when they do it, but not the other way around.

Thankfully, Judge Thomas Pender has decided to keep the case moving forward, saying:

“I don’t care if they bought these patents to sue you or not. They are a property right. Clear and convincing means something to me. I have to be pretty darn certain a U.S. patent is invalid.”

The lawsuit primarily centers around LTE technology, which HTC claims they are a pioneer in since they brought the first LTE-enabled touchscreen devices to the US and that 4G was central to their entire 2011 strategy. Since LTE is a standard, there’s always the issue of the patents falling the in the FRAND category and it seems highly unlikely Apple would face an import ban on the iPad and the upcoming iPhone.

I hope they good money for it, though. If Samsung devices looking like Apple’s, or having slide-to-unlock or overscroll-effects cost Apple $1 billion in terms of revenue, then I’m pretty damn certain LTE on Apple devices cost/will cost HTC as much, if not more.

[Talk Android]




  • http://profiles.google.com/missj84 Jocelyn Moonjob

    ROFL… apple

  • Barry Denton

    Apple, I think I just felt a tear run down my cheek…NOT!!! HTC, make those bastards pay the highest fee. Don’t give in and don’t be scared.

  • NyReynolds

    Good. That’s what they get. I hope HTC gets a boat load of money, and I hope when Samsung sues Crapple, that they get a boat load of money as well. Apple needs to be brought down a peg or 20.

    • NIGHTSCOUT

      I’m not saying Apple needs to become extinct, but they need to become extinct.

      • Tyler

        I’d prefer Apple stays a contender. Two reasons:

        1: Competition breeds innovation. This has been hashed and rehashed.

        2: No apple means iOS users come over to Android and Android products need to be dumbed down so they can use them. I’d prefer to keep them at a safe distance so Android and its OEMs can keep innovating for the savvy crowd and not the one-size-fits-all.

        • NIGHTSCOUT

          1. Competition would still exist within Android, because of the different manufacturers.
          2. If Manufacturers would all use the stock Android GUI, there would be no confusion even for the dumb iOS users.
          3. Soon Android will have multiple user accounts on 1 device, and eventually i think there will be a beginner UI and easily unlockable advanced UI.

        • a) youth.in.asia

          Ty, that’s what windows phone is for, the alternative to iPhone. Basically the only difference I see is that the WP is not entirely wrapped in glass and their icons are different colors. …and iPhone has more apps.

  • DavidVarghese

    One small step for HTC, one giant leap towards the elimination of Apple.

    • harold

      Apple isn’t going anywhere But they do need to learn how to play nice.The amount of devices that they sell there is no need for all of this court bullshit.

      • jroc74

        Exactly. I still dont get how Samsung was found to have cost Apple 1 billion in damages….when each iPhone has outsold the previous one.

  • Montisaquadeis

    Who else is thinking that HTC should ask to get some of apples patents invalidated?

  • chuckles87

    so Samsung owns 10% let patents HTC owns these don’t know the percentage and I know LG owns a good chunck these company’s should start a joint venture company that only makes the radios then along with any other company that holds patents and refuse to sell to apple then when apple makes their own that would be a clef violation of the said companies itulectual property.

  • http://pulse.yahoo.com/_CYQUMMC7Z4UBLSHQAJGNJBKVPM JamesS

    Is anyone keeping a running list of Apple’s hypocrisy? (And I mean that seriously!)

    • Mobile Phones Fan

      Is anyone keeping a running list of Apple’s hypocrisy?

      If my maths are correct, the number of entries in that list would be a non-repeating, non-terminating positive integer…in other words, much like the reasoning in Apple’s IP briefs it would be irrational. Not sure I could afford the bandwidth. ;-)

    • metalron

    • jroc74

      I pointed out Apple’s hypocrisy on an Android forum…..and was getting shot down by a couple of pro Apple folks. Odd considering they are big Android users.

      Apple’s hypocrisy is astounding…. Why would they even pursue this….then try to do the same thing against Samsung? Apple recently bought a boatload of LTE patents from somebody to help in case they get sued by Samsung for LTE on the next iPhone.

      Hypocrisy…at its finest.

  • aeok18109

    On a completely unrelated topic i was watching the first pilot episode of Star Trek TOS today. At about a minute in Spock is speaking and looking at a monitor – He SWIPES to move to the next screen. – How the hell did Apple invent that back in the damn 60s….HMMMM O_O >_> just saying. Apple is full of CRAP. Wonder how I could bring that tidbit of info to Samsung/HTC/ Android as a whole’s attention to be used in their battle.

    EDIT: Its in the original pilot episode ” The Cage” – mostly different cast but still epic nonetheless

    • Hipking23

      Well said!!

    • bmg314

      Really?? What episode? I want to see that! That’s freakin awesome. xD

      • aeok18109

        Edited my post with the info :)

        • bmg314

          Duh…you did say the pilot episode in your original post.

          Thanks!

  • mhmmd123

    Is there someone take this judge comments to judge LUcy!!!!
    Apple thought this judge will treat them as judge Lucy, tooooo badddddd.

  • mhmmd123

    So, HTC bought the patent it`s illegal to Apple but Apple has the right to get the mother of all patents from the ITC to sue everyone, what a joke.

  • Maximillion82

    HTC won’t be able to ban Apple LTE devices. But I hope that HTC employs an Apple strategy, which means licensing fees that are so high that Apple’s profit on a device will be cut significantly. It’s time for Apple to be on the other side and I completely agree with the judge. Who cares why HTC bought these patents, the fact is that HTC owns them. How many times did Apple buy a company or patents just to be able to sue a competitor, probably more often than the official number states.

    • a) youth.in.asia

      If they have to pay a high licensing few to HTC you best believe that they will just pass on the savings to the customer with $1000+ iPhone

      iSheep get in line to feed once a year and will kill to protect their place in line

  • xCirca

    there needs to be an alliance between all Android manufacturers and they need to go after apple with every patent they infringe on. use said lawsuit money to provide us with amazing nexus devices for 399.99 straight from Google… that’s a world that I’d like to one day live in.

  • rustygh

    This is what shows even to isheep that the apple is indeed bad. As you pointed out, how is OK for them to do it, but come to court asking a patented be denyed because it was bought? F apple! Right there, shows they are dirt!

  • IceBeam

    The sick thing is of course “They are a property right.” – that system is so wrong and needs to be removed from the law.

  • master94

    This wont be FRAND. HTC could argue the iphone doesn’t need LTE for 4G service, there are alternatives like HSPA+ and WImax. Android, always 1 year ahead of ios

    • a) youth.in.asia

      *2 years

  • http://www.facebook.com/cguymartin Chris Martin

    Could you fuckers please hire a fucking editor? Or at the very least, proof read your copy…thanks so much.

  • ruit

    Go HTC get those dollars, haha.

  • Jayshmay

    These judges are starting to get sick of Apple!!!

  • Samsung Fanboy

    I hope none of the Samsung and HTC patents are FRAND and that they both sue Apple immediately after the iPhone 5 is announced/launched and I hope that they are awarded $1.5B each.