Apple’s patent infringement lawsuit: The elephant in HTC’s new headquarters

Apple Online Store“There are not many companies that can get both Google and Microsoft executives to show up at a construction site to say what an indispensable partner they are, but Taiwanese smartphone maker HTC did just that on Friday when they held the ground-breaking ceremony for their new HQ and R&D centre in Taipei,” Robin Kwong reports for The Financial Times.

Kwong reports,” Yet for all the talk of HTC’s technological breakthroughs and creativity in design, the one topic no one wanted to touch was the one on every attending reporters’ mind: Apple’s US lawsuit alleging patent infringement against HTC and what Microsoft and Google’s stance on it would be.”

Full article here.

26 Comments

  1. Quiet desperation is on M & G’s minds. Even after assurances from HTC, they wonder about the veracity of Apples claims.

    If HTC sneezes, M & G catch cold.

  2. Although Apple finds itself on the receiving end of law suits quite frequently, other than their law suit against Microsoft, this is probably their first major law suit in thirty-years.

    That they are well prepared to defend their IP, I have no doubt whatsoever, and this suit isn’t going to end with a simple cash
    transaction, it’ll will be a war of government policies and regulations where the loser capitulates and the winner makes the rules going forward.

    There is more than patent violations at stake here, it’s a testament of wills between a country founded on the principle of law and another who could care less about Democracy or intellectual property rights.

    Microsoft learned if you can’t beat them, join them, and by selling their IP at severely reduced prices, could hope to stem the tide of piracy.

    Google is not that stupid, in fact they dragged our government into the fray to settle market issues, in the name national security. Google is relying on Big Brother to fight their battles and the problem I have with this is, our government could just as easily take China’s side in the interest of “national security” leaving Google and the Tech sector hanging out to dry.

    Apple is smarter than that and are probably willing to take on all comers over their IP, including the US government.

    If intellectual property is no longer sacred then what would be the point of a free market? What would be the point of law enforcement? What would be the point of government?

    If China is allowed to have its way in the market, and the US capitulates, then anything goes and we may as well bow down to those holding all the cards.

    Go AAPL! Win this one for the sake of the market, democracy, and the United States.

    I’m being a bit of a drama queen this morning and I could be wrong but this is how I see things unfolding.

    Any thoughts on what’s at stake here?

  3. I believe Apple already lost one such similar lawsuit, a really really big one: MS was allowed to copy their UI because of the UI was basically an idea, which is not easily protected (and usually NOT).

    Apple’s MultiTouch(c) is mostly idea based: If HC’s hardware and software components don’t copy Apple’s, they will lose this.

    If nothing else The One and his Democrat minions will argue against Apple on the basis of competition creating competative pricing.

    Which is BS.

  4. Smitty

    The suit against microsoft was undermined by the agreement John Sculley foolishly signed with Gates. Even at that, if Apple had gone with more sophisticated arguments, e.g. trade dress, they still could have won.

    And save your prejudiced political remarks for yelling at your television.

  5. @ G4Dualie

    > Even after assurances from HTC, they wonder about the veracity of Apples claims.

    Google and Microsoft are worried because it’s probably mostly the software that is infringing on Apple’s patents, not the hardware. So Google and Microsoft will have to do most of the work to overcome Apple’s legal strategy, current and future. But it’s HTC getting sued, not Google.

    Apple was very smart to target HTC, and not Google, because HTC actually manufactures the device and puts Android on it as the built-in OS. If the lawsuit is found to have merit, HTC’s solution is NOT to fix the problem; it’s to not use Android on their phones. Then Google’s other “partners” will choose to do the same. Apple will no doubt use one of Microsoft’s “partners” as an example, once a Windows Phone 7 device actually ships. Fear is the “elephant.”

  6. I saw that Apple’s previous lawsuit against Microsoft was mentioned. That lawsuit was a copyright suit over the “look and feel” aspects of the two OS’es. Copyright law is significantly different than patent law, which is what Apple is suing HTC under. Apple has a much stronger case under patent law. In this instance, Google is your friend, to seek out the differences. Magic word is pay, as in HTC pay up sucker.

  7. <<Handsome Smitty
    I believe Apple already lost one such similar lawsuit, a really really big one: MS was allowed to copy their UI because of the UI was basically an idea, which is not easily protected (and usually NOT). >>

    Nonsense. Apple lost on a technicality, because Sculley signed some deal with MSFT, that gave MSFT a loophole.

  8. @ G4Dualie,

    Good rant. Too bad HTC is not based in Taiwan, not China. Kinda fucks up your reasoning.

    Taiwan is a close American ally and will probably enforce any American legal patent infraction decisions. If Apple’s patents are valid, HTC will lose big time.

  9. Too bad HTC is not based in Taiwan, not China. Kinda fucks up your reasoning.

    ?

    I’m assuming you’re saying Taiwan has gained autonomy from China, however, HTC, nor its homeland is powerful enough to take on Apple without financial help from China.

    HTC is not that financially sound and after its recent expansion, it owes someone a lot of money. If they capitulate to Apple, Apple will seek to stop the import of select Android devices, further crippling their financial position. Unless of course, HTC turns to goverment intervention, like Google did.

    Apple is probably worth more than Taiwans entire GDP and lacks the muscle to leverage a favorable outcome.

  10. Economy of Taiwan

    Stop it G4Dualie … Stop it right now!!! your initial premiss “Quiet desperation is on M & G’s minds.” was good, but somehow to end with delusional thoughts that “Apple is probably worth more than Taiwans entire GDP” is unnerving.

    The following is a partial list of companies founded or co-founded by Taiwanese or Taiwanese Americans.

    Garmin Min Kao
    Kingston Technology John Tu
    Nautica David Chu
    NVIDIA Jen-Hsun Huang
    Omni Bank Cary Ching
    Trend Micro Steve Chang
    ViewSonic James Chu
    Vizio William Wang
    Yahoo! Jerry Yang
    YouTube Steve Chen

  11. @sky lark

    Actually, what I meant was GNP, and not GDP. ” width=”19″ height=”19″ alt=”wink” style=”border:0;” />

    Where governments are concerned, nationality means everything, especially during times of war, and since the eyes are the window to the soul, you could get locked up just by the look of your eyes. The PRC knows the difference, the ROC doesn’t, that’s why I’m not getting my hopes up.

    When you think about it, the elephant in the room are the spies for the PRC.

  12. Clearly Apple is threatened by HTC and I can understand why. HTC has better products which are not crippled by design as are Apple products.

    Apple is a master at public relations but I look at cost-performance and Apple fails that test miserably.

    Ronald J. Riley,

    I am speaking only on my own behalf.
    Affiliations:
    President – http://www.PIAUSA.org – RJR at PIAUSA.org
    Executive Director – http://www.InventorEd.org – RJR at InvEd.org
    Senior Fellow – http://www.PatentPolicy.org
    President – Alliance for American Innovation
    Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
    Washington, DC
    Direct (810) 597-0194 / (202) 318-1595 – 9 am to 8 pm EST.

  13. You couldn’t be anymore wrong rjr.

    I don’t care what you do for a living or how many titles you have, the fact is your statement about Apple’s “cost-performance” couldn’t be any more ambiguous as any of your titles.

    The truth is, Apple consumers get more mileage out their products than most things made. All of Apple’s products hold their resale value more than most electronic gadgets made.

    Dollars to donuts half the people in this forum still have a working Macintosh that is five-years old, relegated to server status or a hand-me-down. I’ll wager more than a few of us have Apple products that are ten or fifteen-years-old that still work.

    I have a few, including a laptop that is over ten-years-old. That PB 190 is so old, I can’t even remember when I bought it.

    In any case, you’re entitled to your opinion but let’s be clear, there are more factors to consider with any purchase beside the cost-performance benefit and one thing no one can deny is that Apple offers with each product they sell, a tremendous cache of resources.

    These resources extend the intrinsic value of every machine sold and many are free or the cost is very reasonable.

    When I think about the money I’ve made using and servicing Apple products and how they put my two kids through college, it makes me smile to think I did all that, in style.

    You have no idea what you’re talking about, especially where Apple Inc. is concerned. What in the world makes you think Apple is afraid of anyone? I’d say they’re in a class all by themselves, with a very comfortable lead and if all the so-called “Apple-killers” who’ve made their debuts in the last ten-years is any indication of Apple’s competition, I’d say they have little to worry about, especially a build-to-order company like HTC.

    Speaking of which, what have they done in the last ten-years that bears any significance whatsoever?

    Smartphones? No one knew what a smartphone was until Apple began selling the iPhone.

    Does HTC even develop its own operating system? Until they were approached by Google all they offered was Microsoft’s lame OS, which proved to be a predictable source of frustration for everyone who developed for the platform or bought devices using the OS.

    HTC just made the break away from Microsoft in the last eighteen months and found new hope in their partnership with Google, but it has gotten off to a realy rough start.

    Apple’s pursuit of transparency in HTC’s machinations obviously has merit, otherwise the FTC wouldn’t be pursuing this in such a public manner. Methinks HTC has some explaining to do.

    Meanwhile, if HTC begins stalling, Apple will ask for and received an embargo on HTCs flagship products until this is resolved, leaving Google without a manufacturer for an extended period of time.

    You’re sadly mistaken if you think Apple scared. Google is scared and HTC knows why.

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