“Google’s Android mobile operating system is in serious trouble,” Florian Mueller reports for FOSS Patents.
“Bloomberg reports that an ITC judge determined that HTC infringes two of ten Apple patents asserted in investigation no. 337-TA-710,” Mueller reports. “Today’s decision is a so-called ‘initial determination’ by an administrative law judge (ALJ). Those determinations are reviewed by the six-member Commission, the highest decision-making body at the ITC.”
Mueller reports, “Depending on which two patents HTC infringes and on whether the Commission affirms the ALJ’s decision, this could in a worst-case scenario result in an import ban against many or even all Android-based HTC products in the U.S. market. In a somewhat less extreme scenario, HTC might have to remove certain functionality from its products, and that could result in a significant or even substantial degradation of the user experience and quality of those devices.”
“Depending on whether the asserted patents relate to HTC’s own extensions of Android, they may affect only some or theoretically even none of the other makers of Android-based devices,” Mueller reports. “However, should one or both of those patents read on the common Android codebase used by all device makers, then Apple could soon be in a strong position to obtain import bans against dozens of device makers.”
Much more in the full article, including the reminder that, beyond this development, there are 16 more Apple patents still in play against HTC in various actions, here.
“HTC said in a statement today it was found to have infringed two of 10 Apple patents asserted in the case. Administrative Law Judge Carl Charneski’s finding, which wasn’t immediately available for viewing, is subject to review by the full six-member commission in Washington,” William McQuillen reports for Bloomberg. “HTC will ‘vigorously fight these two remaining patents through an appeal before the ITC commissioners who make the final decision,’ Grace Lei, general counsel for the Taoyuan, Taiwan-based company, said in an e-mailed statement.”
McQuillen reports, “Nokia Oyj, which had been targeted in the same complaint, reached a settlement with Apple last month. Mountain View, California-based Google wasn’t a party in the case.”
Full article here.
MacDailyNews Take: Amazingly, we may finally be starting to see some justice!
A sickening chill just swept through the executive offices of many a fake iPhone assembler. And they likely aren’t feeling all warm and toastie inside over at
Microsoft, er… Google, either, because this time around there’s no poorly-written contract signed by an unprepared sugared water salesbozo.• We’ve been pushing the state-of-the-art in every facet of design… We’ve been innovating like crazy for the last few years on this and we’ve filed for over 200 patents for all of the inventions in iPhone. And we intend to protect them. – Apple CEO Steve Jobs when unveiling iPhone, January 9, 2007
• We like competition as long as they don’t rip off our IP, in which case we will go after them. We will not stand for having our IP ripped-off and we will use any weapons at our disposal [to stop it]. – Apple COO Tim Cook, January 21, 2009
Don’t steal IP.
Related articles:
HTC decries ‘Apple’s constant attempts at litigations instead of competing fairly in the market’ – July 12, 2011
HTC stock tumbles after Apple’s new patent lawsuit – July 12, 2011
Apple’s second ITC complaint against HTC Android products dissected – July 11, 2011
Apple files second U.S. ITC trade complaint against HTC, seeks to block HTC imports – July 11, 2011
Steve Jobs loads up on high-powered legal team to protect Apple’s intellectual property – April 22, 2010
Apple’s patent infringement lawsuit: The elephant in HTC’s new headquarters – April 2, 2010
Apple patent infringement lawsuit applies pressure to HTC – March 3, 2010
Apple puts the entire industry on notice by suing HTC for patent infringement – March 03, 2010
What Apple vs. HTC could mean for the future of mobile devices – March 03, 2010
Apple looks for expedited proceedings in patent infringement case against HTC – March 03, 2010
Patent lawyer: Apple’s going after HTC first, Motorola’s next, but Google’s the real target – March 03, 2010
The specific Apple patents over which Apple is suing HTC – March 02, 2010
Boom! Apple sues HTC for infringing on 20 iPhone patents – March 02, 2010
Another twist for the analysts predictions. The law matters.
I’ll believe it when I see it. Microsoft got away with it in the 80’s & 90’s. Google (and all their tryPhone makers) are getting away with it now. Ironically, the only entities that seem to be able to enforce their patents are the douche-bag trolls who make a living out of it…not the actual creators, designers & engineers who develop the technology in the first place…
Getting justice in this country is like winning the lottery: theoretically possible, but don’t count on it.
So sad but so true.
What sane person wants to drop five hundred to a thousand or more on AppLack tablets when they may soon be banned in the USA for patent violations. There would be no point in any developer writing special apps for a party of one.
Hello, most developers are now passing on anything Android, a neat idea in theory but one that doesn’t really help them pay any bills. The money to be made and ease of programing are all with Apple.
I feel sorry for those who bought into Android hardware and the AppLack idea as fixable, but when they complain of their pain I will not lift a hand to help them. Let another fandroid app thief sort it out for them, Isn’t it said, misery loves company.
Even though Windows Phone 7 sucks big time, the opportunistic handset makers will drop Android pretty soon and embrace Microsoft. This is good news for Apple but even better news for Microsoft.
maybe in the short term. Windows 7 is a joke.
Too bad that it doesn’t matter. Windows is a household name, even if it sucks. The will sell a ton of product unfortunately…
Are you kidding? “Microsoft” and “Windows” are household names that more people these days intentionally avoid, whenever possible.
Microsoft’s “partners” are starting to see the light. “Powered by Microsoft” is no longer seen a positive marketing message.
You are on the right track. At a weekly breakfast of gents the conversation at my end of the table got around to Macs and Windows. One guy mentioned that his son, who works as a salesman at a Ford dealer, related that he’s lost two recent sales because these potential customers got in to take a car for a test drive. Upon seeing the “Powered by Microsoft” badge on the stereo system both customers left, one muttering over not wanting to deal with a BSOD while driving down the Interstate.
Now for all I know, this is apocryphal, just a fella telling a cute joke, but it does give an insight into the mood of ordinary folks WRT their perception of MS.
It’s not as apocryphal as you think. Take me for instance. I never buy Ford (failed on the road dead) simply because of the ‘Powered by Microsoft’ shit that’s prominently displayed on the radio control panel. I mean why would I want to drive something that could cost me my life if I have to fiddle with a BSOD in the middle of driving down a freeway at the maximum permissible speed. I don’t get the association with Microsoft. Where’s the cachet in that? You’re only deprecating the utility of the Ford brand.
Just because MS has yet to be named in a legal suit, doesn’t mean it won’t in the future. For now MS is an additional lever against Android. If and when Android is marginalized, watch out MS.
Microsoft has ruined Ford’s reputation and resulted in a huge drop on consumer satisfaction with Ford.
Powered by SYNC from Microsoft the My Ford Touch system is the culprit and consumers complain of the system rebooting while they are driving down the highway.
http://goo.gl/LL7B4
Sound familiar?
Do you want a phone that may reboot during a 911 call?
I have a brand new Chevy and my problem is that there is no equalizer from the various input channels, so that if I play my iPhone through the stereo at volume 5, when I turn the car off and it switches to Sirius I hear the radio at volume 10. I’m not happy with it, but I can live with it because it only happens when I’m stopped.
Well what ya know imitation may be the sincerest form of flattery but copiers will will feel the sting… Just 2 patents now… More will follow … Patent judges tend to be cautious. So these 2 were slam dunks… I will not be surprised if over half are upheld… Go Apple..you warned them, … Like bad children … You have to follow through when you threaten punisent
Sorry … That should have read. ” punishment”
article says: “By my count, there are 49 Android-related infringement suits (federal and ITC)” including the blockbuster by Oracle.
how much money (and energy) do these android OEMs have to fight these suits? Most have way smaller profits than apple.
…”how much money (and energy) do these android OEMs have to fight these suits? Most have way smaller profits than apple.”
Most? I’m curious, which Android OEM has greater profits than Apple (even if we only count Apple’s profits derived from iPhone)??
Apple makes more profits on iPhone than all other phone makers – both smartphones and feature phones – PUT TOGETHER. See here:
http://www.appleinsider.com/articles/11/07/08/apple_snags_50_of_handset_industry_profits_ahead_of_first_100m_iphone_year.html
thanks for the info guys
I sort of know the numbers that Apple makes like 50% of world cell phone profits etc
but last time I posted somewhere that android OEMs are not very powerful one person pointed out that if you consider companies like Samsung: the mobile division might be smaller but samsung as a whole including manufacturing, appliances, heavy industry (they even make earth moving equipment) etc is huge (if I’m not mistaken I think Samsung divisions is listed on the stock market as separete entities so apple’s marketcap is still larger as a single thing).
Samsung’s core without subsidiaries has revenues hitting 180 billion (apple hasn’t even reach a hundred billion yet).
OF COURSE all these revenues is NOT from mobile but they do have resources – shifting money from other divisions to mobile – to fight if they wanted to
(don’t flame me, I’m just using an argument someone used against me when i pointed out apple was so much bigger than anyone else , that’s why I’m so cautious now to not say say ALL android OEMs have no money).
True, Samsung is a diversified company. But would Samsung take capital out of their heavy equipment operations to finance a lawsuit in their mobile phone division? The guys who run the heavy equipment operation may have something to say about it. It’s not so simple.
49 suits against Android?! Just a few weeks ago it was 37. Process servers must be pouring through the doors of AndroidLand. This latest news, assuming the full commission confirms it, will be more blood in the water. Or maybe oil, since these are after all, androids,
Does Apple want to ban HTC Android phones or obtain a licensing settlement? Surely Apple and HTC would come to some sort of agreement before a ban takes place.
Somehow I doubt that Steve Jobs has any intention of licensing key differentiating features of iOS.
Steve Jobs, ” I got yer license right here “.
Ya suuuurrreeee… ” Oh you tried to rip us off? Oh, that’s ok, we’ll take you to court and spend millions getting a ruling while you sell our IP and make more millions. By the way, we will license it to you, so there are no hard feelings.” -Steve J.
Yeah, I could pretty much guarantee an answer on that one pal. 😉
If it’s in Apple’s best interests, they will settle. As shown in the article, a company named S3 Graphics recently one an ITC judgement against Apple and it just so happens HTC is in the process of buying S3G, so depending on the nature of the case against Apple, a settlement could be in order.
The ban of Android phone imports involves more companies than just HTC, who could be the only company to be exempt from the ban, whereas the others will not only be forced to re-engineer their products, but pay damages as well.
“I say it was a clear and calculated decision that went wrong [on the part of HTC] because Steve Jobs put the World on notice when launching the iPhone back in Jan 2007 that it was protected by over 200 patents. And that Apple have no problem in using litigation to protect its IP. The message could not have been clearer: copy and we will sue. This was not going to be a replay of the Mac OS feature-set being handed off to sloppy DOSsers to copy at will and thereby attempt to destroy Apple!
The HTC executive commissioning their iPhone-wannabe would have had to have been comatose to have missed the point made by SJ in this keynote. Or calculating knaves (or may be a bunch of utter blithering idiots) to have ignored his point as well as many subsequent statements that both SJ and Tim Cook have made about their zero-tolerance approach to IP infractions.”
My post on 12 July 2011 against the MDN article “HTC decries ‘Apple’s constant attempts at litigations instead of competing fairly in the market’.
Third possibility:
They were desperate enough not to care. They took one look at what he iPhone did to the first round of ”iPhone “Killers” that they consciously decided the risk of an eventual payout to Apple was outweighed by the certainty that if they didn’t copy Apple’s IP they might as well fold – not sell – fold their mobile divisions.
The chickens have come home to roost….
If there is one party that is to be blamed for all the Android producers’ potential liabilities, it’s Google. Google has a history of playing fast and loose with other people’s IPs. Its cavalier attitude resonates that of the robber barons’ reign in the Wild wild West era.