Los Angeles — Taiwanese mobile-manufacturer HTC Corp. has fired another legal salvo against Apple Inc., but this time it has armed itself with patents it has acquired from Google to sue Apple in a proxy fight to protect the Android, according to Bloomberg.
The Taiwanese company, world’s No. 5 manufacturer of smartphone devices based on Google’s Android operating system, is embroiled in an acrimonious patent war with arch-rival Apple, on Thursday announced that it has revised its existing complaint with the International Trade Commission (ITC) and U.S., in the District Court of Delaware against Apple over three patent infringements. The latest lawsuit marks Google’s strongest show of support for its Android partners.
Apple also has imposed multitude of lawsuits against Android supporters including HTC, Motorola Mobility, and Samsung Electronics in a bid to halt their momentum in the increasingly cutthroat smartphone market.
HTC filed the lawsuit in the federal district court in Delaware using the patent originally issued to Motorola. It has also registered another case alleging patent violation by Apple’s iOS devices and Mac computers.
“HTC will continue to safeguard its patented inventions against violation from Apple until such violation stops. We believe that we have an obligation to protect our business, our industry partners and our customers, who love using our products,” Grace Lei, HTC’s general counsel, said in a statement.
Google has armed HTC with nine patents to fight Apple, as the Internet giant scuttles to support its Android manufacturers at the risk of provoking Apple’s wrath. The patents gave HTC enough ammunition to hit Apple with another Delaware lawsuit and lodge a complaint with the International Trade Commission, alleging the Cupertino, Calif.-based company infringed upon the nine patents in question.
Apple is entangled in a patent battle encompassing a number of rivals including HTC, Samsung and Motorola Photo: EPA
Steve Jobs has previously been quoted as saying Apple thinks “competition is healthy, but competitors should create their own original technology, not steal ours”.
Florian Mueller, of the blog Foss Patents, stated that Google is aware that HTC is under enormous legal pressure from Apple and clearly on the losing track. HTC is the first Android device maker sued by Apple, so that dispute is at the most advanced stage, and since HTC’s own patent portfolio is weak, it has so far lacked the leverage to force Apple into a cross-license agreement. The possibility of HTC being defeated must have frightened Google.
He added that “another motivation for Google is probably to demonstrate some support to third-party Android device makers even though it is clear those would not be able to compete with a Google-owned Motorola Mobility on a playing field if the deal goes through.”
Both HTC and Google have denied to say how much the patents in question, which relate to wireless upgrades, contacts and interfaces, have cost to transfer. Google spent $12.5 billion to buy Motorola Mobility, and acquire the firms 17,000 patents, earlier this year.
A HTC smartphone (R) and an Apple iPhone are displayed for the photographer at a mobile phone shop in Taipei March 3, 2010. Credit: Reuters/Nicky Loh
Furthermore, the nine patents, which Google itself acquired from Motorola, Palm and other companies less than a year ago, concern Google’s Android operating system. In a sign both that Google is unwilling to sue Apple directly and also that the ‘patent wars’ between major manufacturers are further hotting up, HTC has now filed claims against Apple, while also itself being sued by the iPhone maker.
By aiding HTC, Google may be indicating its readiness to fight for Android partners like Samsung and LG. Also, Samsung may stand to benefit with Google’s assistance, as Apple recently affected one Australian and two European bans on its smartphones and tablets.
“This intervention on Google’s behalf increases the likelihood of direct litigation by Apple against Google,” said Mueller. “Apple may hold patents that could affect Google beyond Android.”
Besides, HTC is also witnessing its rapid growth decline in an increasingly competitive market. Its sales in August barely grew over the month before.
Google Chairman Eric Schmidt in July promised his company would aid HTC’s patent fight against Apple. He was not specific at the time, merely stating, “We will make sure they do not lose.” But last week’s patent transfer strengthens this assertion and gives HTC a concrete asset in its legal battle.
Nevertheless, with an increasing lawsuits among hi-tech corporations have prompted some to seek additional protection by acquiring patents from elsewhere.