Apple is never out of the lawsuits, especially when it comes to patents. However, the suit filed against change from time to time. Recently, Apple won a case against Samsung in France. However, Samsung was successful in winning 2 patent related cases in Australia and U.S. respectively. Apple still leads the patent war, which just had a possible addition to the same. HTC lost a biggie important battle against Apple, but to soothe the soreness, they were lucky to win a few small battles.
Apple was never too busy when talking about patent wars, as they know that this is their biggest bet to firm their grip on to their smartphone and tablet market share.
Talking about this recent victory, it was noted that the U.S. International Trade Commission (ITC) ruled in Apple’s favor in a patent battle with HTC. According to the ruling, it was noted that an import ban on many HTC Android phones are imposed, which start from April 19, 2012.
The ITC decision,(as PDF link), notes that the HTC Android smartphones infringe two claims of U.S. Patent #5,946,647. In the technical sense, the patent relates to a typical over-reaching software patent. For those who are would like to know more about this patent in a non-technical manner, here is a brief. Particularly, this patent covers analyzing and linking data structures between documents and programs.
If this is actually true, then there can be complications for each and every Android manufacturer, not just HTC. Along with it, even other operating systems need to beware if it takes formatted data from a basic document and allows it to be shared and integrate on another application.
An example to ease the confusion is here. If one can click on a phone number on a phone list and their smartphone can automatically dial that number, congrats. Unless they are using an iPhone, they are probably violating Apple’s patent. Its like the famous Monopoly trap, ‘Go directly out of the market. Do not pass Go. Do not collect $200.’
Thinking of this as a final thought could mean that one will only be able to buy an iPhone, if they want to buy a smartphone in the States. But, this is just an exclusion order and not a cease and desist order. HTC, for now can continue selling its current family of devices in the U.S.
Looking at things from the HTC point of view, it can be said that the ruling might have devastated the HTC paradise to some extent, but the company is sure that they still have a way to get around Apple’s legal victory. In an e-mail letter, an HTC representative said, “We are gratified that the commission affirmed the judge’s determination on the ‘721 and ‘983 patents, and reversed its decision on the ‘263 patent and partially on the ‘647 patent. While disappointed that a finding of violation was still found on two claims of the ‘647 patent, we are well prepared for this decision, and our designers have created alternate solutions for the ‘647 patent.”
Now, if this is to happen, then HTC is one firmware release away from being able to continue to sell its Android phones in the U.S. past April. However, the ‘beware of Apple’ board would still tik-tok its mind, as there is always a possibility that Apple might find another way to sue them on whatever new method they use to implement this popular feature.
FOSS Patents’ Florian Mueller detailed an explanation for the case, wherein he urged an urgency alarm should ring in the premises of HTC and Google, and that too quickly. The post was as under:
If Google can implement this popular feature, which users of modern-day smartphones really expect, without infringing on the two patent claims found infringed, this import ban won’t have any effect whatsoever.
Otherwise HTC will have to remove this feature, which would put HTC at a competitive disadvantage as compared to other smartphone makers, including other Android device makers.