Apple sues HTC over 20 patents… war is on?
The news broke this morning that Apple is suing smart phone manufacturer HTC, maker of many popular Google Android and Windows Mobile devices. In their 700 plus page ITC filing, Apple lists a whole slew of specific HTC devices running both operating systems, including the Nexus One, HD2, Touch Pro, Hero, Touch Diamond, Touch Pro2, Tilt II, and quite a few more.
It’s interesting that Apple is going after HTC as opposed to either Google or Microsoft and their operating systems. There’s precious little, on first blush, in the patent listings that seem to warrant singling out HTC as the patent thief. Regardless of the validity of the patents, there are a couple of obvious business reasons why HTC has been targeted. The first reason would be because of the former friendliness between Apple and Google (personal guess? Back room deals when Eric Schmidt left the Apple board). By targeting HTC, Apple avoids stepping on the toes of Google, who at this point they depend on for many of the services found on their devices.
Secondly, HTC doesn’t have the cash-on-hand of either Google or Microsoft. HTC is the perfect target for Apple in the “two birds, one stone” sense as HTC makes both the Android based Nexus One and the Windows Mobile HD2. Both of these phones have won very high praise, including a number of accolades as ‘better than the iPhone’ in some reviews. Even though neither are stellar in the sales department, partially due to availability, they are high profile examples of their respective platforms. If a court case plays out in Apple’s favour (or HTC settles) Apple has a two-fold win on their hands. From a legal standpoint, it would give them a lot more ammo in any possible showdown with the two OS makers. From a public perception standpoint, it would be suggestive that the phones that are ‘better than the iPhone’ owe their existence to the Apple device.
Last week, Steve Jobs said that Apple would make “big, bold moves”. I guess acquisitions weren’t the only thing he had in mind.
Links to filings can be found here…
HTC’s official response…
HTC is a mobile technology innovator and patent holder that has been very focused over the past 13 years on creating many of the most innovative smartphones. HTC values patent rights and their enforcement but is also committed to defending its own technology innovations. HTC only learned of Apple’s actions this morning via media reports, and therefore we have not yet had the opportunity to investigate the filings. Until we have had this opportunity, we are unable to comment on the validity of the claims being made against HTC [via SlashGear].
Perhaps they trying to make it appear as if they are fighting a hardware patent instead of a software patent, since software patents are out of favour in many communities, particularly in Europe. Apple is definitely not above trying to get its foot in the wrong legal door to get its way, as demonstrated by its attempts to control what you can do on your device with the DMCA which it was absolutely not intended for.
I’d concur with that. Plus they’re WAY more likely to get a win/settlement out of HTC for financial reasons (has nothing to do with the validity of said patents).
When you have the cash on hand that Apple does, better to litigate than innovate! The battle cry of corporations everywhere!
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