Inside Apple's lawsuit against HTC
Apple has charged handset maker HTC with infringing upon a number of patented iPhone hardware and software features, alleging that functionality within the Google Android operating system and use of hardware decoders in Windows Mobile handsets are at fault.
A number of HTC-made phones are included as exhibits in Apple's legal claims filed with the U.S. International Trade Commission Tuesday. The phones in question include both Windows Mobile and Google Android handsets. They are:
Nexus One
Touch Pro
Touch Diamond
Touch Pro2
Tilt II
Pure
Imagio
Dream
myTouch 3G
Hero
HD2
Droid Eris.
The complaint even goes as far as to specifically distinguish between Android and non-Android handsets, suggesting Google's mobile operating system plays a part in the alleged patent infringement. While Android-based phones are labeled "Accused HTC Android Products" in the suit, phones that run on Windows Mobile are given the label "Accused HTC DSP products," referring to the digital signal processing hardware decoders found in those devices.
Earlier this year, HTC partnered with Google to create the Nexus One smartphone, which was later given multi-touch functionality -- much like has been possible for years on the iPhone -- through a software update. A year ago, HTC also introduced an Android handset with an iPhone-like virtual keyboard known as the Magic or myTouch 3G. Both the Nexus One and myTouch 3G are specifically named in Apple's complaint. HTC also makes the lion's share of Windows Mobile phones.
Also submitted as evidence were an iPhone 3GS and MacBook Pro running Mac OS X 10.6 Snow Leopard and Apple's iTunes software.
"Apple's history of launching products that are technically innovative and commercially successful stems from its ongoing commitment to research and development," the suit reads. "Throughout its history, Apple has made substantial investments in research and development in a wide variety of technical fields including computer hardware and software, graphical and touch-based user interfaces, digital media players, and personal communications."
The suit alleges that at issue are patents related to "software architectures, frameworks, and implementations, including various aspects of software used to implement operating systems."
The Cupertino, Calif., company has asked the ITC to ban the sale of all HTC handsets in the U.S., and also to issue a permanent cease and desist order preventing the company from distributing, selling, licensing or advertising its smartphones.
When contacted by Engadget, an HTC spokesperson said the company was caught by surprise by Tuesday's legal challenge.
"We have not been served yet so we are in no position to comment on the claims," the company said in a statement. "We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years."
In addition to the ITC filing, Apple also issued roughly 700 pages in its accompanying lawsuit filed in a U.S. District Court in Delaware Tuesday.
For more, see Apple sues HTC for alleged infringement of 20 iPhone patents.
A number of HTC-made phones are included as exhibits in Apple's legal claims filed with the U.S. International Trade Commission Tuesday. The phones in question include both Windows Mobile and Google Android handsets. They are:
Nexus One
Touch Pro
Touch Diamond
Touch Pro2
Tilt II
Pure
Imagio
Dream
myTouch 3G
Hero
HD2
Droid Eris.
The complaint even goes as far as to specifically distinguish between Android and non-Android handsets, suggesting Google's mobile operating system plays a part in the alleged patent infringement. While Android-based phones are labeled "Accused HTC Android Products" in the suit, phones that run on Windows Mobile are given the label "Accused HTC DSP products," referring to the digital signal processing hardware decoders found in those devices.
Earlier this year, HTC partnered with Google to create the Nexus One smartphone, which was later given multi-touch functionality -- much like has been possible for years on the iPhone -- through a software update. A year ago, HTC also introduced an Android handset with an iPhone-like virtual keyboard known as the Magic or myTouch 3G. Both the Nexus One and myTouch 3G are specifically named in Apple's complaint. HTC also makes the lion's share of Windows Mobile phones.
Also submitted as evidence were an iPhone 3GS and MacBook Pro running Mac OS X 10.6 Snow Leopard and Apple's iTunes software.
"Apple's history of launching products that are technically innovative and commercially successful stems from its ongoing commitment to research and development," the suit reads. "Throughout its history, Apple has made substantial investments in research and development in a wide variety of technical fields including computer hardware and software, graphical and touch-based user interfaces, digital media players, and personal communications."
The suit alleges that at issue are patents related to "software architectures, frameworks, and implementations, including various aspects of software used to implement operating systems."
The Cupertino, Calif., company has asked the ITC to ban the sale of all HTC handsets in the U.S., and also to issue a permanent cease and desist order preventing the company from distributing, selling, licensing or advertising its smartphones.
When contacted by Engadget, an HTC spokesperson said the company was caught by surprise by Tuesday's legal challenge.
"We have not been served yet so we are in no position to comment on the claims," the company said in a statement. "We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years."
In addition to the ITC filing, Apple also issued roughly 700 pages in its accompanying lawsuit filed in a U.S. District Court in Delaware Tuesday.
For more, see Apple sues HTC for alleged infringement of 20 iPhone patents.
Comments
You've added the detail that it's at least partially about the keyboard and that's pretty much it. Otherwise this article is just a rehash of the fifteen other articles on this around the web right now, (some on this very site).
A year ago, HTC also introduced an Android handset with an iPhone-like virtual keyboard known as the Magic or myTouch 3G.
WTF? The virtual keyboard had been known long time before iPhone was introduced.
Soooo, if I use my thumb and forefinger to wipe my nose....
Soooo, if I use my thumb and forefinger to wipe my nose....
Nope, you'll have to use a stylus from now on.
WTF? The virtual keyboard had been known long time before iPhone was introduced.
It it not the fact that it is a virtual keyboard. It is the way they did it that Apple contends that it violates their patent on the process.
In addition to the ITC filing, Apple also issued roughly 700 pages in its accompanying lawsuit filed in a U.S. District Court in Delaware Tuesday.
Wow. 700 pages. That's what you call preliminary research! I don't think you can publish 700 pages of evidence without a lot of it being relevant and correct. (Yes, I know you could, but this is Apple. Humor me.)
Future civilization is gonna look at us and laugh of how dumb we are, fighting each other for Money instead of achieving common purpose for all humanity.
This is a great example of why Monetary and Capitalist systems don't work and eventually will fail.
Future civilization is gonna look at us and laugh of how dumb we are, fighting each other for Money instead of achieving common purpose for all humanity.
I think you might find the most innovation has occurred in capitalist systems. I think its working fine. If the greater good is furthered through greed, I'm all for it.
This whole thing is lame and boring and I'm fairly certain nobody really cares just so long as Apple and HTC keep giving us cool things to buy.
That's kinda the point. If Apple wins then HTC's coolness will become warm and stale.
This is a great example of why Monetary and Capitalist systems don't work and eventually will fail.
Future civilization is gonna look at us and laugh of how dumb we are, fighting each other for Money instead of achieving common purpose for all humanity.
Like your signature, "iWant new iProduct"
Perhaps you should get HTC to create it for you.
But hey you are not entirely wrong. I am pretty confident "future civilization is gonna look at you and laugh [at] how dumb…"
Nope, you'll have to use a stylus from now on.
LOL now that was funny!!
Adding a bit here, an update there pushing, pushing, pushing.
Time to stop and develop their own.
13 years, only 5 years after the Apple Newton.
In all seriousness though, the smartphone market was totally stillborn before Apple came in with guns a'blazin. WinMo was a joke and the only real player was RIM. The hardware was laughable at best with pathetic keyboards, lousy construction.
Now comes Apple and totally changes the game. Many of the phone makers and OS providers (Ballmer, RIM) totally ripped on Apple and screamed at the top of their lungs how no one would EVER pay that much for a phone, let alone one with no physical keyboard. MANY whiners on this very board felt the exact same way.
It's no surprise that now that Apple has hit a huge home run in this field that everyone else is playing catch-up and shockingly, making phones / OS very similar to the iPhone. Eating crow is not something they do very well.
For HTC (for example) to claim they've been innovating for 13 years is pure BS. They have shown zero "innovation" before the iPhone was introduced. Their current products just reek of build-as-fast-as-one-can to get it to market in the hopes of getting some of the action. It no where even shows the kind of quality that gives the notion that serious thought to details have been done.
I think we need patent reform. I truly do. But I for one am with Apple on this one. They did a huge amount of R&D and if a maker is shown to be violating it, I hope they get the hammer in hopefully a much more harder way than say Psystar got away with.
I also believe in consumer choice and competition. Those here that worry about Apple succeeding are just being selfish and naive. Without the ability to protect one's investment, there would be no motivation to innovate. We'd still be stuck with Motorola's StarTac phones if that were the case (which IMHO was a very cool phone!).
Apple steals technology from every other company and they got what they deserve.
Nokia is suing Apple.
Apple is suing Nokia.
Kodak is suing Apple.
Apple is suing HTC.
HTC will sue Apple.
Soon, every company will gangbang Apple and give them what they need... A lesson.
Apple is doing a fine job at killing the iPhone. I for one had an iPhone, 3G and 3GS and the manufacturing defects are much... Light leaks, dust under the displays, displays not seated properly and many more issues... A buggy OS 3.x since September 9th 2009 with No Service and Searching issues... Apple needs to step up the QC at Foxconn and get rid of the 4 year olds building iPhones.
My friends all have Android phones and have no issues. I am too switching platforms soon as I have had enough of the iPhone problems.