Apple Sues Google's Phone Maker

[tomm2thumbs]

Apple said on Tuesday that it had filed lawsuits against HTC, the Taiwan-based phone maker, accusing it of infringing on 20 Apple patents tied to the iPhone. HTC makes the Nexus One, a phone designed and sold by Google that runs Google’s Android operating system.

The legal documents from the suit, which were discovered by the technology blog Gizmodo, cite patent infringement across numerous themes including touch screens, power conservation and the orientation of graphics on a mobile phone.

According to the documents, Apple is asking the court to place an injunction against HTC that would bar them from “making, using, selling and/or offering” phones that impinge on the patents in questions, within the United States.

link to legal docs from Gizmodo, for those that want it
http://gizmodo.com/5483685/apple-htc-suit-gallery/gallery/1

_ _ _

Sorry, edit to provide link to NY Times story
http://bits.blogs.nytimes.com/2010/03/02/apple-sues-phone-maker-htc-over-patents/?hp

[Cronus Protagonist]

1. Awesome!

The Android must be an iPhone killer! I love it!

[wtmusic]

2. If Bill Gates can steal Apple's innovation why can't Google?

Time to level the playing field! :silly:

[ProgressiveProfessor]

12. Actually Apple stole it originally and later settled with the originator (Xerox PARC)

[Skink]

3. This is like saying we patented the steering wheel therefore no one else can use it.

[Atman]

4. No, actually it is nothing like that.

You do understand what the purpose of a patent is, don't you? You can't patent a steering wheel, unless you come up with some amazing new way to steer a car other than a big circle of plastic. But you CAN patent technology you invent, and if someone uses your invention without your permission, you can sue them for it. Your analogy is totally wrong.

[Skink]

5. We'll see about that when Scalia writes the majority opinion.

[wtmusic]

6. There are about 1,500 patents relating to steering wheels

That's kind of how the process works.

[Xithras]

7. Ah, yes, if you can't beat em, sue them into oblivion. It's the American way.

As the happy owner of an HTC Magic, I hope they kick Apple's ass. It's a better device than the iPhone, and I switched from AT&T to T-Mobile just so I could get it.

Looking through Apples claimed patents, I have a feeling that most of them are going to get tosses. It looks like they tried to patent everything including the kitchen sink when the developed the iPhone, but HTC can cite a LOT of prior art. Heck, Apple tried to patent the concept of using a touchscreen on a "mobile computing device". Umm...I had Palm's that did that long before Apple even CONSIDERED getting into the phone business. A few of the others are going to fail the obviousness test (like shutting down processes that aren't being used to preserve the battery).

With the right legal team, which HTC can certainly afford, they have a good shot at beating Apple.

[wtmusic]

8. Apple did patent the touchscreen they're citing.

Apple wins touchscreen patent

"Apple has won yet another patent on iPhone hardware, this time in the form of the touchscreen technology pioneered by the original iPhone development, in a decision finalized just days ago. Patent 7,479,949 could have fairly sizable impacts on the industry as it gives the company the ability to monitor the usage of the technology by competitors.

Whispers of Palm Pre and Google Android G1 currently being under Apple’s microscope are floating about the interwebs, due to their touchscreen and gesture interface structure. While I have no intention of stereotyping Apple as an ogre of a company, it’s pretty much common sense that if and when any large tech company has a massive proprietary advantage over the field, they pretty much rule it with an iron first, and I’m sure Apple will do no different here."

http://www.geek.com/articles/apple/apple-wins-touchscreen-patent-20090128/

"they have a good shot at beating Apple"? How do you know HTC isn't violating Apple's patent?

[Xithras]

9. Winning the patent and being able to defend it are two different things.

Unless someone challenges the patent during the application process, they're nearly always awarded. Being awarded, however, means nearly nothing when their validity is challenged in court.

For one thing, their patent covers virtually all uses of multi-touch. This is going to be a huge problem as there is a boatload of prior art on the topic that preceded the development of the iPhone, including the Microsoft Surface UI, which was being demonstrated to the public at the same time that Apple was still trying to develop the iPhone. Even Microsoft, known for patent hoarding, wasn't audacious enough to actually try and claim the technology, crediting Bell Labs with developing the concept back in the 1980's. The Surface project itself was in development at least six years before the iPhone was announced.

Multi-touch is supported on all kinds of devices, and even the touchpad on my HP laptop supports it. There was a bit of discussion back when Apple was awarded this patent on whether or not they would be dumb enough to try and enforce it. Now that they've demonstrated a willingness to do so, they're going to find themselves in the unenviable position of being the targeted for destruction by every computer and communications hardware manufacturer on the planet.

They're also claiming patents on touchscreen gesturing, which has existed on the Palm platform since the mid 1990's. There's more than a DECADE of prior art in that case.

I don't see how Apple can hope to prevail.

I also don't see what they hope to win by pissing off the Android community, which has largely been embraced by the Linux/Opensource community, which in turn has been behind many of the apps available for the iPhone. Most of those developers have been happy to develop for both platforms, but with Apple morphing into a Microsoft-wannabe lawsuit happy monster, I don't see that relationship standing. They're going to hurt their own reputation in the developer community, which will undermine one of their greatest strengths. "There's an app for that?" Not if Apple pisses off the development community and they pull them!

[wtmusic]

11. No, patents are not "nearly always" awarded.

Applicants are required to present all relative prior art in detail, and applications are undergoing more scrutiny than ever to try to keep nuisance suits out of court. In Apple's there are nearly 50 examples of prior art cited.

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=7,479,949.PN.&OS=PN/7,479,949&RS=PN/7,479,949

The patent covers exactly three heuristics for how the display interacts with the OS, not "virtually all uses of multi-touch". And I don't see why the Android community needs to be pissed off, seeing as Apple launched the entire idea of third-party cellphone apps.

Sometimes development is free and it's a wonderful thing, as is the case with open-source. Sometimes it takes a lot of money, and Apple has a right to protect their investment.

[ProgressiveProfessor]

13. Patent evalutions are poorly done by the PTO

Some of the things the big boys try to patent, including MS, Apple and others, are laughable

[Tesha]

14. Don't harsh Xithras's buzz -- he's got a really great rant going.

And the "Linux developers will revolt" aspect of it is quite cute.

Tesha

[Sultana]

10. Get it, Apple