HTC countersues Apple over two U.S. patents it recently acquired from HP

“The latest escalation in the “smartphone patent wars” is that HTC today brought infringement counterclaims against Apple in the Southern District of Florida over two patents it acquired from HP last December,” Florian Mueller reports for FOSS Patents.

“The litigation in which the Taiwanese device maker is asserting those two patents is a case that started in 2010 with a Motorola lawsuit against Apple, which later became consolidated with another action in the same district,” Mueller reports. “Six of Apple’s twelve infringement counterclaims in that consolidated action target not only Motorola Mobility but also HTC. HTC wants the case moved out of Miami, but its motion to transfer is still pending.”

Mueller reports, “In the meantime, HTC had to respond to Apple’s counterclaims. In addition to the usual deny-everything-and-throw-in-the-kitchen-sink defenses, HTC also decided to hit back.”

Read more in the full article here.


  1. Out of all the delay tactics employed by companies in Apple’s crosshairs, this one ranks #1 in straight-up bullshit. When you get served, your ability to acquire patents with which to countersue should be non-existent. It’s yet another mockery of the court system.

    1. I completely agree. This should get thrown out, HTC should be hit with severe sanctions and penalties, and they should be made an example of as something never to do.

      No patents that are not held or filed before the start of the battle should be allowed as part of any parent dispute.

  2. I applaud this move by HTC. The more lawsuits and general insanity brought into play will hopefully push us towards real patent reform sooner ghan later.

    besides Apple is in a far better financial position to survive this than HTC. It won’t take many loses for HTC to in deep shit while Apple will likely make far more per quarter than they’ll put out on legal costs.

    1. So let me get this straight. Because Apple makes an original product that makes a boatload of money, it is good that HTC acquired a patent from another company after it was sued and countersues Apple, because Apple makes more money on it’s original patent and HTC can’t afford the court costs incurred by its own suit. In other words if you came up with an invention that made you a boatload of money and I copied it to undercut your price and sell another boatload, threatening to take and actually taking away your customers, you would tell me “that’s OK, I’ll just make a new great product and you can steal that design and sell it for cheaper, also.” Somehow the problem is that you applied for an original patent on your design, not that I stole it? Call me.

      1. Michael I was going to respond using logic and reasoning however I fear they would be wasted on REALLY. Another dufus saying Apples got money so let’s let HTC off the hook. I can’t wait until one of you jackasses invent something by accident and get your IP stolen.

      2. No that is not what I’m saying at all. I don’t think my post communicated my thoughts correctly.

        What I really want to see is Patent reform, real reform not this joke of “first to file” crap that we got, which is going to just make suing someone for un-original ideas all the more easier.

        If we can’t get reform, and we are stuck with this crap system then I think that HTC is playing a dangerous game. Sure its legal, but they can’t afford many loses before it hits their bottom line vs. Apple who can afford a far longer and more drawn out legal fight.

        I don’t think what HTC is doing is right. My hope is that actions like these along with companies like Lodsys push us towards patent reform. I want software patents wiped out personally but that is a whole different discussion and debate 🙂

    2. There’s no need to have major parent reform. Just keep foreign companies ripping off US company patented ideas.

      The reform should come in the form of streamlining companies like Apple being able to rapidly shut down infringement and make such infringement risky and profitless.

  3. That is the Xbox generation culture. Corporations are evil because they ask for money if I want to get their stuff…

    Therefore steal, rob, cheat, plunder, hack, fake to get what you want.

  4. Hmmm…, now HP is no longer the sharpeest tool in the shed, but do you think for one instance they would sell a patent THEY thought might be valuable? HTC bought zip. HP made $.

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