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HTC handsets held up at US customs due to ITC injunction over Apple patent

post #1 of 65
Thread Starter 
Taiwanese handset maker HTC revealed on Tuesday that shipments of its HTC One X and EVO 4G LTE devices have been delayed because they are being reviewed by U.S. Customs to check for compliance with an injunction by the International Trade Commission.

"The US availability of the HTC One X and HTC EVO 4G LTE has been delayed due to a standard U.S. Customs review of shipments that is required after an ITC exclusion order. We believe we are in compliance with the ruling and HTC is working closely with Customs to secure approval," the company said in a statement, as reported by The Verge.

"The HTC One X and HTC Evo 4G LTE have been received enthusiastically by customers and we appreciate their patience as we work to get these products into their hands as soon as possible."

AT&T began selling the HTC One X on May 6, but the device is currently listed as "Out of Stock" on the carrier's website. The EVO 4G LTE is scheduled to arrive on the Sprint network sometime during the second quarter of 2012.

HTC One X
HTC's One X smartphone


The ITC issued an import ban against HTC last December after Apple asserted its "data detectors" patent, which outlines a technology for automated detection of data such as phone numbers, email addresses and hyperlinks. After the injunction was announced, patent expert Florian Mueller called the patent "one of medium value," while noting that HTC will be at a "competitive disadvantage" without the data detector feature.

HTC quickly responded late last year that it had already developed a workaround to avoid infringement. That workaround is presumably active in the two devices that are being held up at customs.



Tuesday's report noted that HTC is "basically in limbo while it waits" for Customs to make a decision. "The final enforcement instructions delivered by Customs to its officers are totally classified — they're even excluded from Freedom of Information Act requests," wrote author Nilay Patel.

Though the ITC is unable to issue fines for patent infringement, it is able to grant import bans that can have devastating financial impact on companies. According to the report, Customs and Border Protection is responsible for enforcing the injunction and is reportedly "allowed to handle things pretty much any way it wants."

Apple itself is appealing the December 2011 ITC ruling in an effort to revive patent claims for a "realtime application programming interface" against HTC.
post #2 of 65
Check out the comments on this blog, courtesy of NasserAE.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply
post #3 of 65

How did we miss this blatant infringement?

 

I'm not talking about the article, I'm talking about the picture on the right:

 

htc-one-x.png

 

IDENTICAL to the iPad.

post #4 of 65

More appropriate headline:

 

Some Android OEM's (or whatever's) chickens are coming home to roost

 

 

 

Big friggin loss. There's about a 100 more Android models to choose from, none of which really matter more than the other. Pick your damn poison:

 

http://en.wikipedia.org/wiki/Comparison_of_Android_devices

http://www.android.com/devices/

post #5 of 65
These are the first ice cream sandwich (ICS Android 4.x) based handsets HTC has released, which begs the question, is the infringement related to Android or HTC's implementation of Android?

Was their "work around" also carried over to the ICS updates they have been rolling out to older handsets?
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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post #6 of 65
Quote:
Originally Posted by Quadra 610 View Post

There's about a 100 more Android models to choose from, none of which really matter more than the other.

It gets worse.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply
post #7 of 65

HTC was well aware this was a possibility, they claimed to have a simple work around and chose to not implement the "easy" work around.

 

Chickens coming home to roost and all.

post #8 of 65
Quote:
Originally Posted by Esoom View Post

HTC was well aware this was a possibility, they claimed to have a simple work around and chose to not implement the "easy" work around.

 

Chickens coming home to roost and all.

How do you know they didn't implement it?

post #9 of 65

The billionaire factory owners in China have unlimited money to throw at this.  Let's hope we get it.

post #10 of 65
Quote:
Originally Posted by SolipsismX View Post

Check out the comments on this blog, courtesy of NasserAE.

Sheesh.

Average age of commentator: Thirteen, me thinks.
I always appreciate an Android fan who puts his energy into advertising Apple products.
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I always appreciate an Android fan who puts his energy into advertising Apple products.
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post #11 of 65
Quote:
Originally Posted by SolipsismX View Post

It gets worse.

Check out that Model break down.

Ouch!

(Love the name of the 'Lemon P1')
I always appreciate an Android fan who puts his energy into advertising Apple products.
Reply
I always appreciate an Android fan who puts his energy into advertising Apple products.
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post #12 of 65
Quote:
Originally Posted by GTR View Post


Sheesh.
Average age of commentator: Thirteen, me thinks.

How is that different than here?

post #13 of 65
"Siri, which is the best smartphone?"
"The one the ITC is holding hostage."

Edited by DrDoppio - 5/15/12 at 11:11pm
post #14 of 65
Quote:
Originally Posted by Esoom View Post

HTC was well aware this was a possibility, they claimed to have a simple work around and chose to not implement the "easy" work around.

 

Chickens coming home to roost and all.

 

I don't think it's clear from this report whether they implemented the workaround or not.  Apple Insider is just wildly speculating there and nothing in the source seems to indicate one way or the other.  

 

That being said, data detectors are somewhat of a "lock."  

 

As far as I understand, they are one of those things that Apple invented a long time ago, that it's crystal clear that they invented, and they are fairly broadly defined in the patent.  Apple thought this stuff up long before anyone thought they would be useful, so no one really cared. Now on mobile devices they turn out to be very, very useful and everyone wants to claim that they are "obvious."  

 

I haven't personally ever heard of any good "workaround" for data detectors and if anyone has any info on how that could be done please post it. I'm pretty sure the only workaround her is just not to use them.  

post #15 of 65
Quote:
Originally Posted by SolipsismX View Post

Check out the comments on this blog, courtesy of NasserAE.

I am not going to buy any Apple products again.. well.. maybe the next iPhone.. and the one that follows. The next iPad as well.. and the one after! lol.gif

post #16 of 65
Quote:
Originally Posted by Gazoobee View Post

I haven't personally ever heard of any good "workaround" for data detectors and if anyone has any info on how that could be done please post it. I'm pretty sure the only workaround her is just not to use them.  

You're right, the easiest workaround is to not use them, with an insignificant degradation of UE. In other cases, like scrolling past the end of the list, the workarounds have been better that the infringing method. In the end, it all evens out.

post #17 of 65
Quote:
Originally Posted by Tallest Skil View Post

How did we miss this blatant infringement?

 

I'm not talking about the article, I'm talking about the picture on the right:

 

htc-one-x.png

 

IDENTICAL to the iPad.

 

Stick one in with the pull down menu from iOS 5, sorry Android, will you?

post #18 of 65
Quote:
Originally Posted by Tallest Skil View Post

How did we miss this blatant infringement?

 

I'm not talking about the article, I'm talking about the picture on the right:

 

htc-one-x.png

 

IDENTICAL to the iPad.

 

WOW, for a second there i thought that was an iphone. THAT LOOKS EXACTLY LIKE AN IPHONE. Clearly they STOLE the iphone design and just shipped a product like apple said they did. 

 

I mean, take out the HTC Logo and anyone in the street will INSTANTLY think its an apple iphone. They deserve to be banned. What a ripoff. 

post #19 of 65

How do these phones look like an iphone? 

post #20 of 65
Quote:
Originally Posted by sleepy3 View Post

WOW, for a second there i thought that was an iphone. THAT LOOKS EXACTLY LIKE AN IPHONE. Clearly they STOLE the iphone design and just shipped a product like apple said they did. 

I mean, take out the HTC Logo and anyone in the street will INSTANTLY think its an apple iphone. They deserve to be banned. What a ripoff. 

I guess understanding sarcasm was never your strong suit.

These HTC phones were not banned due to similar appearance to Apple's products, but rather patent infringement. They don't have to look anything alike.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #21 of 65
Quote:
Originally Posted by jragosta View Post


I guess understanding sarcasm was never your strong suit.
These HTC phones were not banned due to similar appearance to Apple's products, but rather patent infringement. They don't have to look anything alike.

Not banned, just held up.

post #22 of 65
Quote:
Originally Posted by DrDoppio View Post

Not banned, just held up.
No, they are banned as long as they use the same implementation that the ITC has ruled violate Apple's patents.
They are held up to see if they are using this implementation. If so, back they will go.
post #23 of 65
Quote:
Originally Posted by Chris_CA View Post


No, they are banned as long as they use the same implementation that the ITC has ruled violate Apple's patents.
They are held up to see if they are using this implementation. If so, back they will go.

In other words, they are as much banned as Schrödinger's cat is dead.

post #24 of 65

I bet the company that benefits most from this is Samsung. 

 

Samsung should make a generous offer to settle all lawsuits with Apple, but just ask Apple to keep going after all the other Android OEMs. 

post #25 of 65
Quote:
Originally Posted by DrDoppio View Post

Not banned, just held up.

Really? How do you know that? Oh, it's just you making things up.

There was a ban on HTC phones using Apple's technology. If these phones still use Apple's technology, they're banned. Permanently. If HTC really did work around the patents, then the phones can be released. But you don't have any way of knowing that.

Keep in mind that HTC said that they didn't infringe the patents originally, so their word that they worked around the patents isn't very convincing.

Why are you defending a company which can't even come up with its own technologies and has to copy them from someone else?
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #26 of 65
Quote:
Originally Posted by Scaramanga89 View Post
Stick one in with the pull down menu from iOS 5, sorry Android, will you?

 

Quote:
Originally Posted by sleepy3 View Post
WOW, for a second there i thought that was an iphone. THAT LOOKS EXACTLY LIKE AN IPHONE. Clearly they STOLE the iphone design and just shipped a product like apple said they did. 

 

Thanks for ignoring the point I was making, trolls.

 

Quote:
Originally Posted by Blastdoor View Post
Samsung should make a generous offer to settle all lawsuits with Apple, but just ask Apple to keep going after all the other Android OEMs. 

 

Apple wouldn't take it. lol.gif The settlement, that is. They'd take the suggestion.

post #27 of 65

Enter strawman...

 

Quote:
Originally Posted by jragosta View Post


Really? How do you know that? Oh, it's just you making things up.

 

The article says so. When did I ever make things up? I have repeatedly exposed you for making things up, never the opposite.

 

There was a ban on HTC phones using Apple's technology. If these phones still use Apple's technology, they're banned. Permanently. If HTC really did work around the patents, then the phones can be released. But you don't have any way of knowing that.

 

Exactly; that's why I made the reference to Schroedinger's cat before. So far the phones are held up. If HTC were stupid enough to keep the infringing code yet claim that they removed it, then they'll be banned. Which do you think is more likely?

 


Keep in mind that HTC said that they didn't infringe the patents originally, so their word that they worked around the patents isn't very convincing.
Why are you defending a company which can't even come up with its own technologies and has to copy them from someone else?

 

I was not defending HTC but arguing against a factual error. So there goes again your straw man argument.

 

 

 

post #28 of 65
Quote:
Originally Posted by Tallest Skil View Post

How did we miss this blatant infringement?

 

I'm not talking about the article, I'm talking about the picture on the right:

 

htc-one-x.png

 

IDENTICAL to the iPad.


According to someone on MR that's a 3rd party app, not stock Android or HTC.

post #29 of 65
Quote:
Originally Posted by Rogifan View Post
According to someone on MR that's a 3rd party app, not stock Android or HTC.

 

Interesting, thanks for the clarification if that's the case. Though we know where they got their idea for it, at any rate. Unless it came out before the iPad. Do we know a name for it yet?

post #30 of 65

Why is the link taking them to http://www.svi.org/netday when the email's correspondence points to http://www.sci.org/netday ?

 

Based on that slide i'd just say "Here at HTC you can clearly see our implementation is different. We send our users directly to the link they clicked. Apple runs all the links through a backend and determines using proprietary technologies the link they think the user wants to go based on the contextual contents of the entire email so you see your honor, we aren't infringing on apples IP at all. We have no intentions of sending our users someplace we feel they want to go. We truly believe that is apples standpoint and support their sheep herding ethics".

 

Sorry. I couldn't help it......

 

................just another iSheep with a humorous side for my own demise.

post #31 of 65
Quote:
Originally Posted by jragosta View Post


Really? How do you know that? Oh, it's just you making things up.
There was a ban on HTC phones using Apple's technology. If these phones still use Apple's technology, they're banned. Permanently. If HTC really did work around the patents, then the phones can be released. But you don't have any way of knowing that.
Keep in mind that HTC said that they didn't infringe the patents originally, so their word that they worked around the patents isn't very convincing.
Why are you defending a company which can't even come up with its own technologies and has to copy them from someone else?

As you know, Apple has also done this many times in the past....

post #32 of 65
Quote:
Originally Posted by Rogifan View Post


According to someone on MR that's a 3rd party app, not stock Android or HTC.

We are talking about the gallery picture on the 3rd phone right? Just looked at my One X and it's the HTC gallery app but saying it looks identical to the iPad app, which I also just looked at on my iPad 3 is nonsense.

 

This is hardly a surprise considering where the comment originally came from.

post #33 of 65
Quote:
Originally Posted by fredaroony View Post
We are talking about the gallery picture on the 3rd phone right? Just looked at my One X and it's the HTC gallery app but saying it looks identical to the iPad app, which I also just looked at on my iPad 3 is nonsense.

 

This is hardly a surprise considering where the comment originally came from.

 

Yes, particularly when you've ignored the content of his post in your reply here. lol.gif

post #34 of 65
Quote:
Originally Posted by Tallest Skil View Post

 

Yes, particularly when you've ignored the content of his post in your reply here. lol.gif

It was obvious to anyone who read the whole thread.

post #35 of 65
Quote:
Originally Posted by AndroidUser View Post

I have a HTC Rezound and would never buy an Apple product because of it lacks so much of the features that an Android phone can do, but the picture of the HTC One X (third picture of the picture gallery) is stock Android gallery app, which is on my Rezound as we speak, and I haven't rooted my phone or installed any 3rd party ROM on it. The question is, when did the iPad came out with that UI compared to when Android implemented the same "identical" UI design for the gallery app as well?

Are you sure? HTC have their own gallery app and it looks exactly like that.

 

The stock Android app even has a different icon.

 

This is the gallery app in the Nexus http://www.gsmarena.com/samsung_galaxy_nexus-review-699p5.php


Edited by fredaroony - 5/16/12 at 3:20pm
post #36 of 65
Quote:
Originally Posted by fredaroony View Post
It was obvious to anyone who read the whole thread.

 

So anyone who read the whole thread somehow knew automatically that the photo app in question wasn't the stock HTC one?

 

Quote:

Originally Posted by AndroidUser View Post
I… …would never buy an Apple product… 

 

So why are you HERE?!

 

Quote:
…the picture of the HTC One X (third picture of the picture gallery) is stock Android gallery app…

 

Interesting. I can't find that reference to it being a third-party app on the MacRumors thread, either… 

post #37 of 65

This is disappointing news. A couple individuals at my office have switched to the HTC One S, and it is a beautiful phone. My only critique is that it is almost TOO difficult to pick up from a counter because of how thin it is. Was curious to see it next to the larger HTC One X in the near future.
 

post #38 of 65

If any here would like to know in detail about the patent HTC is infringing here is a very good breakdown of apples win over HTC clear back in December 2011 and HTC was given till april 19 2012 to work around the issue.  If they didn't its there own damned fault.

 

http://www.fosspatents.com/2011/12/apple-wins-itc-ruling-of-narrow.html

post #39 of 65
Quote:
Originally Posted by Mechanic View Post

If any here would like to know in detail about the patent HTC is infringing here is a very good breakdown of apples win over HTC clear back in December 2011 and HTC was given till april 19 2012 to work around the issue.  If they didn't its there own damned fault.

 

http://www.fosspatents.com/2011/12/apple-wins-itc-ruling-of-narrow.html

Thanks for the link, here's one to the '647 patent in question.

 

In case HTC have not removed the infringing code, they have themselves to blame. One simple way to implement auto recognition in URLs and phone numbers without infringing on Apple's IP is to put the code for link recognition in the editor and modify messages before they are sent, and to leave the action to the user interface on the receiving end. This is obviously clumsier than to have the link recognition built in the UI, but would work just the same for messages being exchanged between devices using this approach. I hope HTC have come up with a better idea than what I could think up in 5 minutes.

post #40 of 65
Quote:
Originally Posted by AndroidUser View Post
I am here because I have the right to be here just like all of you do, to offer my input and opinions..

 

Yes. It's just confusing, is all. lol.gif No harm done.

 

Quote:
Where in my sentence did I say the 3rd picture is a 3rd-party app? Or did I misunderstood your sentence?

 

Yes, apologies. My original statement was incredulity about the potentially infringing design of that photo browsing app, and the first reply said that it wasn't the phone's stock photo app (and therefore wouldn't fall under an Apple to HTC lawsuit). But then you said that it WAS the stock app (or at least looks the same as the stock app), and in doing my own digging, I cannot find the reference on MacRumors that corroborates the first reply's statement.

 

So that leaves us with the potential for yet another lawsuit between Apple and HTC over that, provided the design or means of interaction is patented. 

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