“Apple won a preliminary victory over HTC–and over Android by proxy–when the ITC agreed this week that HTC smartphones violate two Apple patents,” Tony Bradley reports for PCWorld. “The ITC decision could be a sign that the Android party is over, and the mobile OS could be in trouble.”
“Why is the ITC ruling such a death blow? First, the patents in question are not unique to HTC–they are integral to the Android OS itself. If HTC is found to be violating these two Apple patents, then so is Motorola, and Samsung, and anyone else making Android devices,” Bradley reports. “It seems like the lack of licensing paid to Google for using Android will more than be compensated for by fees and royalties being paid to Apple, Microsoft, and others that the Android OS infringes on. Those costs start adding up quickly. Vendors like HTC and Samsung then have to choose whether to pass the costs along to consumers by charging more for the Android devices, or eat the expense and cut severely into their own profit margin.”
Advertisement: The fastest, most powerful iPhone yet. Starting at $199. Free Shipping.
“Making iOS devices is not an option because that’s not the way Apple rolls, but paying one licensing fee to Microsoft and cranking out Windows Phone 7 smartphones may be more appealing to manufacturers,” Bradley reports. “It is even more tempting when you consider that Microsoft guarantees that Windows Phone 7 is free from patent infringement issues and it will defend any claims to the contrary–unlike Google which is sitting silently on the sidelines and letting vendors fend for themselves.”
Bradley reports, “A final determination in the ITC battle between Apple and HTC is expected in early December. A worst-case scenario for HTC could be an ITC ban against HTC importing any Android devices into the United States. A similar fate could await Motorola, Samsung, and the rest of the Android bunch. The way things look now, Android could be in for a rough–and expensive–ride.”
Read more in the full article here.
[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]
Related articles:
How Google’s Android infringes on Apple’s patents in U.S. ITC determination – July 16, 2011
U.S. ITC finds HTC infringed upon Apple patents – July 15, 2011
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
die Droid die!
I just went and dumped a droid!
The only thing I like about Android is their mascot: the little robot with his dog.
The only mascot I’ve liked, other than an apple, is a penguin.
The Android robot also looks like a trash can.
They copied the logo to http://www.redmondpie.com/google-shocker-android-logo-has-been-stolen-from-atari-game-gauntlet/
Send the green trash can to the dump!
The second half of 2011 is gonna be a good one!
MDNs often repeated take is gold: Google will rue the day they “chose” to cross Apple.
Both companies had a good relationship. There was absolutely no reason for Google to trample on that good faith. They were providing with valuable contributions to Apple with Maps, search etc. on the mobile front that other 3rd parties at the time couldn’t. They could have entered a cross licensing deal on a broad and long term “partnership” basis with Apple with a promise of non competition.
Sure Mr. Jobs would have remained skeptical of any licensing deals (and who can blame him judging by past experience), but surely any concession would have been a far better alternative than the current Android predicament. They were, as they say, had gotten too big for their breeches.
They have not only managed to alienate an ever growing legion of Apple fans (almost the same moronic way of Netgear CEO), but even Apple can’t wait to kick the last one of their “services” out of the iOS platform. Can’t wait for Apple’s own maps with direction service integrated with voice.
Two years from now, Google’s only foothold on the growing mobile platform will be on WebOS and Chrome niches. They could have had the future, but greed got in the way. I say good riddance there.
Exactly. Google could have simply entered into an agreement with Apple for Google to be the default search engine, and could have introduced something like iAds.
But no, Google had to use the info it gained from Apple and go against it. Soon the day will come when Google’s short-term and short-sighted gains will be crushed by royalty fees, licensing fees, and damages awards.
Hope you are right, but look at what happened to Kodak.
I agree with you except for one thing: It wasn’t greed that got in googles way, it was a lack of morality.
Google is full of smug leftists who believe in situational morality, and thus don’t recognize the hypocrisy of defending page rank as an invention, while believing that all other patents are not really property.
They don’t respect anyone who sells proprietary software, because googles’ business model is to commoditize software.
They have confused strategy for morality, and thus they don’t even realize it when they are evil.
“Smug leftists”? You lost me there.
In my experience, batshyt crazy rightists, teapartiers and Faux News watchers have a sort of situational morality, too. They just can’t see it.
Hear! Hear!
1
They have not only managed to alienate an ever growing legion of Apple fans …
——–
Not only Apple fans but a legion of other interested parties that Google stomps its foot on.
If HTC can appeal the two patents they’ve been found guilty of violating, then can Apple appeal the other eight HTC got a pass on?
Unless I missed something, I don’t think HTC has gotten a pass on any patents. These are just the first two to be ruled on.
Also, the ITC is not the court, it is just a first pass court to compensate for the fact that the regular courts take a very long time. ITC can issue an injunction blocking the importation of products while the companies settle it out in open court.
Even if ITC takes no actions on any of these patents, it doesn’t mean Apple won’t win in regular court– it just means Apple won’t be able to get an injunction.
The ITC rulings, however, do give an early indication of the strength of various patents and likelihood of infringement.
Vendors like HTC and Samsung then have to choose whether to pass the costs along to consumers…
WRONG!!!
HTC, Samsung, et al. have the carriers, not the consumers, as customers. They may have to raise prices for carriers; the carriers can do what they want in pricing to consumers. BOGO and FREE phones are paid for in the contract. The carriers did not get them for free from the manufacturer.
So they pass on the costs to the carriers, and the carriers decide whether to pass the expense along to consumers. Same difference. Either way, Android becomes a much less attractive proposition.
——RM
As unlikely as it sounds, I am wondering if Ballmer is playing this like a fox – watching Apple fight Android to the death, knowing that MS would be a major beneficiary of Apple’s win.
The mobile battleground may very well someday end up playing out like the desktop wars of the past. Ballmer must have sold someone on some sort of strategy in order to maintain his position this long. 😉
You’re kidding…right??? If so, perhaps you ought to get your glasses checked. That ain’t no fox…you’re lookin’ at an over-bloated chimp.
He’s actually making a good point. Microsoft doesn’t make much from OEMs for windows on computers.
Microsoft may well make as much from android licensing fees as they would selling WP7.
Wrong.
Microsoft can’t make money from Android licensing fees if Apple’s punitive damages collections puts the Android phone and tablet business out of it’s misery.
Microsoft will have to make it’s money competing directly against the iPhone. Microsoft will not replace Android phones with Windows 7 phone phones, iPhone will replace Android phones.
Although he is right that it will turn out like the Apple-Mafi$oft battle in the 1990’s, but this time with Apple having the 97% share.
LOL! Sort of like Apple managing only 6% market share with OS X, versus 90% market share for Windows.
Both Apple and MicroSoftie are using Android as a pinching bag …..
Apple wants MicroSoftie to be successful in their attacks as Apple really has no fear from Mr. Softie and Apple knows they can’t be the only player so CrackBerry and Softie are friends now …. And …..
Apple knows Google stole ideas while on their Board and they are putting all resources to work against Android but Apple is smart going after those using rather than the Maker Google …… Why fight an 800 lb Monster when you can work on a little guy?
This does help MS because the whole appeal of Android compared WinMo for the OEMs, was that it was FREE.
Now, not so much, especially considering that licensing WinMo is only $8 – $15 per unit.
But MS still needs to bring some real goodies to the potluck, and right now they look like the family showing up with a 2 liter of generic Walmart cola and six kids.
“But MS still needs to bring some real goodies to the potluck, and right now they look like the family showing up with a 2 liter of generic Walmart cola and six kids.”
Couldn’t have put it better myself
Fabulously said Synth!! I hate that family. And their kids always open my Pepsi. “Hey kid! (smack!) Go drink the crap your cheap parents brought! THIS is for the guests who actually have some pride and brought REAL food and drink to the party!”
Meanwhile, Google has their phone systems answering calls about android, “Thank you for contacting Google… These are not the droids you are looking for…”
Too sad for M$, if less Android phones get sold!
Apple doing two strikes with a single shot?
Wrong apple is doing Microsoft a favor. With android out of the way, microsofts cheapo smart phones will sell like hotcakes to the people who are dum enough to buy them (which is alot of people). Apple is also helping themselves Here for obvious reasons but Microsoft should send apple a giant thank u card
Apple should just hit google , then all will tumble down .
It is just lodsys patent troll who are attacking the iPhone e developers , Apple is defending them.
So if lodsy is a patent troll on the attack, Apple likewise is too.
Apple attack google direct and not other phone vendors!
Google is giving it away for free. There is no damages liability for Google. The only damages liability is for the manufacturers who are making a profit using Apple’s unlicensed patents.
Google gets $$$$ not from direct selling.
It Android OS powers devices that are using goole free services, thus they collect data from these so called free services with targeted ads.
They earn more money.
Indirect selling.
So Apple will be able to get far more from google than HTC,Samsung and other handset makers.
Apple hit android where it hurts….Kill the droid.
While this is a good victory for Apple, the overall patent situation in the US is threatening to stifle app development here entirely:
http://www.guardian.co.uk/technology/appsblog/2011/jul/15/app-developers-withdraw-us-patents
These are the droids you’re looking for.
Shoot them now!