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Apple looks to put a swift end to the Droid rebellion that threatens its iPhone empire. It's mercilessly using the most powerful weapon it has at its disposal -- patent litigation.  (Source: LucasFilm)
Apple goes for the jugular filing a second suit to stop HTC imports

Apple has quite the smart phone competitor with the iPhone 4.  But it's not content with merely trying to outcompete its pesky Android competitors.  It wants to prevent them from even being sold on the market.

The Cupertino firm owns a wealth of IP, including some controversial patents.  Among these Apple claims to have invented using a swipe gesture to unlock, mobile multitouch screens, and an interrupt based system of processor undervolting (which sounds less straightforward before you consider interrupts are the only way to instantly get a processor to stop what it's doing and change operation).

This week the company filed a second lawsuit against Android handset manufacturer HTC in Delaware District Court, citing both the gesture unlock and undervolting patents as well as two new ones, covering a "System for real-time adaptation to changes in display configuration".

Both HTC and HTC subsidiary Exedea which imports HTC handsets and distributes them in the US are named in the suit.  Apple is looking to ban the importation and sale of all HTC Android handsets in the U.S.

It originally filed suit against HTC in March 2010.  Company CEO Steve Jobs complains, "We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it.  We think competition is healthy, but competitors should create their own original technology, not steal ours."

HTC strongly disagrees with the assertion that they've stolen anything.  Armed with a new IP licensing agreement with Microsoft, HTC struck back filing a countersuit in May which seeks to block the import of Apple's mobile devices, including the iPhone. 

HTC has made it clear that it is primarily using IP litigation as a defensive tool.  A company spokeperson states, "We are taking this action against Apple to protect our intellectual property, our industry partners, and most importantly our customers that use HTC phones."

Apple on the other hand, has a long history of trying to bully would-be competitors out of the market, both successfully and unsuccessfully.  The company is facing antitrust probes over whether it used its dominant position in several markets (MP3 players, digital music, smart phone apps, tablet computers) to artificially remove smaller competitors from the market via a variety of means.

Author's Note:  We tried to contact Apple multiple times about this story as it progressed over the last few months, but thus far have had no luck getting ahold of anybody that's willing to tell us their side of this story.


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Obligatory
By UzairH on 6/23/2010 5:04:53 PM , Rating: 5
Fuck you Apple.




RE: Obligatory
By tech4tac on 6/23/2010 5:58:19 PM , Rating: 5
Steve: Everything that has transpired has done so according to my design. Your friends, up there at HTC, are walking into a trap, as is your android fleet. It was I who allowed Gizmodo to know the location of the iPhone. It is quite safe from your pitiful little band. An entire legion of my best lawyers awaits them. Oh, I'm afraid the patents will be quite valid when your friends arrive.

...Good, I can feel your anger. I am defenseless. Take your weapon. Strike me down with all of your hatred and your journey towards the dark side will be complete!


RE: Obligatory
By psenechal on 6/23/2010 6:27:25 PM , Rating: 5
This is perhaps the BEST Daily Tech comment I have ever read! Awesome!


RE: Obligatory
By tank171 on 6/23/2010 9:25:04 PM , Rating: 5
This deserves a 6.


RE: Obligatory
By lainofthewired on 6/23/2010 9:25:30 PM , Rating: 5
6 this man!


RE: Obligatory
By kake on 6/23/2010 9:42:05 PM , Rating: 3
This is good enough to go as a quote at the bottom of the articles. Awesome tech4tac, just awesome.


RE: Obligatory
By xxsk8er101xx on 6/23/2010 10:19:54 PM , Rating: 3
6 it! awesome comment lol


RE: Obligatory
By samthefish on 6/24/2010 8:02:33 AM , Rating: 4
HTC to Apple Lawyers: "These are not the Droids you're looking for..."


RE: Obligatory
By SSDMaster on 6/24/2010 9:01:40 AM , Rating: 2
6!


RE: Obligatory
By marvdmartian on 6/24/2010 9:45:07 AM , Rating: 3
Screw the 6 rating, this one deserves a 10!!


RE: Obligatory
By soxfan on 6/24/2010 2:49:54 PM , Rating: 2
Holy crap. . . I almost fell out of my chair laughing at this.


RE: Obligatory
By blagishnessosity on 6/25/2010 2:05:47 AM , Rating: 2
quote:
Steve: Everything that has transpired has done so according to my design. Your friends, up there at HTC, are walking into a trap, as is your android fleet. It was I who allowed Gizmodo to know the location of the iPhone. It is quite safe from your pitiful little band. An entire legion of my best lawyers awaits them. Oh, I'm afraid the patents will be quite valid when your friends arrive.


http://patentwars.ytmnd.com/


RE: Obligatory
By teapartyguy on 6/23/10, Rating: -1
RE: Obligatory
By jvillaro on 6/23/2010 8:20:54 PM , Rating: 5
You're an insult to retards


RE: Obligatory
By MechanicalTechie on 6/23/2010 9:43:46 PM , Rating: 4
Agreed!! Honestly do us all a favour and keep your stupid 'I love Apple' banner to yourself. Clearly your just a typical mindless drone of popular culture


RE: Obligatory
By bigboxes on 6/23/2010 9:29:24 PM , Rating: 5
Sorry. You FAIL. Apple did not invent the first smartphone. Nor did M$ invent the first OS. Stop being such a fanboy. Life will get better. I promise!


RE: Obligatory
By VooDooAddict on 6/23/2010 10:24:47 PM , Rating: 5
That's funny... then I must have been in a time warp using palm phones for so many years before iPhones came out.

And the swipe to unlock ... another feature that was on the original palms. The only difference was that Palm's touch screen was pressure based and Apple's is conductive.

Another win for Apple's marketing and PR.


RE: Obligatory
By MrPickins on 6/23/2010 10:59:05 PM , Rating: 3
quote:

What do you have against a wildly successful tech company? Let's face it. Apple invented the first real smart phone. Just like Microsoft invented the operating system, as far as I'm concerned. Of course they own patents on this stuff.


You're wrong on both counts...


RE: Obligatory
By chick0n on 6/24/10, Rating: -1
RE: Obligatory
By MechanicalTechie on 6/24/10, Rating: 0
RE: Obligatory
By Plugers on 6/24/2010 8:55:25 AM , Rating: 2
Hey, don't rope me in with that A-hole.

I agree though, there ARE lots of stupid mindless trend following idiots here.


RE: Obligatory
By asdf23fvas324rf on 6/24/2010 1:42:54 AM , Rating: 4
oh yes, sliding to unlock and interrupt based undervolting, apple REALLY paid out the ass to develop those features.

heres the thing about apple, they dont just patent what they spent a lot of money to develop, they patent EVERYTHING, no matter how insignificant, and no matter if somebody else has done it before. apple is the definition of a patent troll and they need to be taken down a peg for it.


RE: Obligatory
By Bateluer on 6/24/2010 3:49:25 AM , Rating: 2
You must be very young because your lack of knowledge about history is astounding. MS didn't invent an operating system, hell, they bought their first PC OS and simply renamed it. OSs existed for decades prior to that, Xerox, PARC, MIT, Standard, DARPA, etc.


RE: Obligatory
By damianrobertjones on 6/24/2010 4:27:43 AM , Rating: 2
The first 'real' smartphone???

What?? lol

Initially without MMS, cut and paste, multi-tasking and a battery stuck inside.

Are you BLIND?


RE: Obligatory
By Cheesew1z69 on 6/24/2010 8:43:23 AM , Rating: 1
They did? Um....ok?


RE: Obligatory
By mostyle on 6/25/2010 7:03:17 AM , Rating: 2
Taken from http://en.wikipedia.org/wiki/Smartphone

quote:
The first smartphone was called Simon; it was designed by IBM in 1992 and shown as a concept product that year at COMDEX, the computer industry trade show held in Las Vegas, Nevada. It was released to the public in 1993 and sold by BellSouth. Besides being a mobile phone, it also contained a calendar, address book, world clock, calculator, note pad, e-mail, send and receive fax, and games. It had no physical buttons to dial with. Instead customers used a touch-screen to select phone numbers with a finger or create facsimiles and memos with an optional stylus. Text was entered with a unique on-screen "predictive" keyboard.


Down, fanboy, down.

As for Microsoft inventing the OS... Wow.. Please, do a little research before you spew...

http://en.wikipedia.org/wiki/Timeline_of_operating...

Sad, man, sad..

-T


RE: Obligatory
By Jeffk464 on 6/24/2010 10:33:18 AM , Rating: 2
yup, I agree screw you apple.


RE: Obligatory
By gorehound on 6/24/2010 6:02:24 PM , Rating: 1
I agreee Fuck Off Apple.

I am so sick of this company.Maybe they were cool years ago but now they are nothing but the 1984 they said they weren't.

why do folks even buy their krappy iphone and ipad


Another Apple patent coming soon
By Performance Fanboi on 6/23/2010 5:44:14 PM , Rating: 5
The next time anyone gets charged with abusing the court system Apple should sue 'em - they would seem to have a strong precedent to base a patent filing on and god knows the patent office would probably grant it (not that I believe they read any patent applications - they seem to have a monkey with an 'approved' stamp working the mail room).




RE: Another Apple patent coming soon
By toopidistoopiddus on 6/23/2010 9:01:27 PM , Rating: 3
hmmm maybe capt kirk,spock,scotty,and all the star trek crew can sue apple they had the communicaters first years ago


RE: Another Apple patent coming soon
By Gio6518 on 6/24/2010 11:25:37 AM , Rating: 2
quote:
star trek crew can sue apple they had the communicaters first years ago


dont forget data pads

http://images2.wikia.nocookie.net/memoryalpha/en/i...

im guessing the iPhone 5 will clip on to you shirt


By Performance Fanboi on 6/24/2010 3:05:05 PM , Rating: 2
quote:
im guessing the iPhone 5 will clip on to you shirt


The iPhone 6 will be a butt plug and most Apple fanatics will get 2.


Patent Time Travel
By XSpeedracerX on 6/23/10, Rating: 0
RE: Patent Time Travel
By zinfamous on 6/23/2010 5:01:28 PM , Rating: 5
quote:
Anyone miss the days when Micro$oft was the evil one?


I don't recall those days.


RE: Patent Time Travel
By phatboye on 6/23/2010 5:21:58 PM , Rating: 1
yeah I try to block hose day out of my head as well


RE: Patent Time Travel
By Vile2600 on 6/23/2010 6:22:03 PM , Rating: 2
quote:
Anyone miss the days when Micro$oft was the evil one?


Ah the kids and their use of $ in Microsoft. Very clever of you!


RE: Patent Time Travel
By cyberserf on 6/23/10, Rating: -1
RE: Patent Time Travel
By xxsk8er101xx on 6/23/2010 10:21:32 PM , Rating: 2
Hardly. Apple and Foxxcon are pretty evil companies.


RE: Patent Time Travel
By damianrobertjones on 6/24/2010 4:29:40 AM , Rating: 2
Nowhere near as evil as they used to be. Apple is EVIL on a new level. Scares me


Apple, Patent Troll
By Denigrate on 6/23/2010 4:53:05 PM , Rating: 4
They "invent" by stealing from others, then patent the non-new idea and sue people making better products.




RE: Apple, Patent Troll
By cyberserf on 6/23/10, Rating: -1
RE: Apple, Patent Troll
By bodar on 6/23/2010 11:51:24 PM , Rating: 4
Even if that were the case *cough*notifications*cough*, you are not supposed to be able to patent IDEAS only specific and non-obvious implementations of those ideas. Maybe Apple's claims have merit, but it would seem that the non-obvious bit (not to mention prior art) says otherwise and Apple is just trying to knock out competition through frivolous patent lawsuits. I'm not an engineer though, so I can't say definitively.

P.S. -- quit hugging Apple's nuts.


RE: Apple, Patent Troll
By cyberserf on 6/24/10, Rating: -1
RE: Apple, Patent Troll
By bodar on 6/24/2010 7:16:57 AM , Rating: 2
WTF does this have to do with patents? If you think all Android phones look "just like an iPhone", just because they are rectangular and their faces are mostly touchscreen, then I can't help you. The only one that is trying (desperately) to look exactly like the iPhone is the Galaxy S.

http://spacelutions.com/web/images/nexus_one_droid...


Remember the infamous apple commercial
By ChipDude on 6/23/2010 7:45:18 PM , Rating: 5
Today Apple is the big brother they mocked in that famous ad. Steve wants to control everything, wants the whole market, wants to control every app, wants to get dollars from every app, wants NO competition. Pretty much the Apple fanboi is the dumb A$$ sitting in the audience waiting for Steve's next big thing.

I for one will never buy an iPhone. Its beautiful but Jobs control and ambition must be stopped. HTC, and droid are the brands I will support.

You read it here, just like that commercial in 10years Apple will be a footnote of another blown opportunity due to Jobs greed and narrow controling personality!




By masamasa on 6/24/2010 11:47:11 AM , Rating: 2
Agreed!


@#$!@*$s
By mfed3 on 6/23/2010 4:47:58 PM , Rating: 5
lets keep going to different courts until someone agrees with us..okay apple. i hope they get SLAMMED for antitrust when they are finished with these investigations.




RE: @#$!@*$s
By XSpeedracerX on 6/23/10, Rating: -1
RE: @#$!@*$s
By masamasa on 6/23/2010 5:02:57 PM , Rating: 2
Agreed. 'Apple antitrust' coming soon to a theater near you!


Sue Google
By DigitalFreak on 6/23/2010 9:09:20 PM , Rating: 5
All this because Stevie doesn't have the balls to sue Google. They'd grind Apple into dust.




USA and patents
By bitter on 6/24/10, Rating: 0
RE: USA and patents
By nafhan on 6/24/2010 10:06:58 AM , Rating: 2
Really? What country are you from that does a good job handling IP law? A win in the US would mean that: A) HTC has to stop shipping in what is probably their biggest market. B) A precedent set in a US court will carry a lot more weight than a precedent set in smaller country. C) Apple is a US company, which probably gives them a more positive legal environment here. I don't think the way IP law is handled here is great, but at the same time I'm not aware of anyone who does a good job with it, right now.
Anyway, it needs to be fixed, regardless of whether you are talking about the US or another country, and that will require a new way of thinking from our legal systems.


RE: USA and patents
By spleendamage on 6/24/2010 2:33:15 PM , Rating: 2
You know what? You're right.

I apologize, I'm going to start handling corporate patent disputes in a completely different way from now on.

Thanks for posting this, I just never knew what a bad job I was doing with this whole thing!

Please accept my personal apology! No, I insist!


Supreme Court
By Pjotr on 6/23/2010 6:42:27 PM , Rating: 2
It is toime the Supreme Court in USA goes back to the 70s and 90s decisions that are the base of software patents. "invented swipe to unlock" is in my eyes not an invention! It has no invention height worth a patent. The same with the use of an interrupt to do something, that something can be many different things, it's inherent to an interrupt. Not an invention. Stop this madness!




So...
By kroker on 6/25/2010 4:32:40 AM , Rating: 2
Basically, Apple wants to take HTC out because they dared to compete with them. Isn't this the way the mafia operates?

Apple didn't invent anything, they just delivered a more polished version of stuff that was available before in various other phones. Then they act like they invented the smartphone. Their arrogance is sickening.




sigh---
By Customer Support Geek on 6/28/2010 2:48:50 AM , Rating: 2
If you think about it, a lot of businesses copy each other. Why not sue worldwide, why in the US only, right? Cheap phones made in China that are marketed all over the world also has the features that they sue over. It's just that their phones are sold cheaper. Think about it APPLE!!!!




Think about it..
By Customer Support Geek on 6/28/2010 2:50:37 AM , Rating: 2
A lot of businesses copy each other. Why not sue worldwide, why in the US only, right? Cheap phones made in China that are marketed all over the world also has the features that they sue over. It's just that their phones are sold cheaper. Think about it APPLE!!!!




news..
By omnicronx on 6/23/2010 5:00:59 PM , Rating: 1
Come back in 5-10 years when this actually becomes news ;)




No pretense at news reporting
By WonderSausage on 6/23/10, Rating: -1
By XSpeedracerX on 6/23/2010 5:26:42 PM , Rating: 2
More like 'no pretense at reading comprehension'. Did you miss the highlighted 'blogs' button there, genius? Or the declaration of this as a blog posting right after Jason's last name?

quote:
And I don't work for Apple, I work for one of their competitors!


PS3 is AWESOME!. Oh and before you call me a biased fanboy, I own a 360. So there.

quote:
Please define the difference between "protecting intellectual property" and "crushing a successful competitor"


Sure. One is filing a patent for something you invented and came up with yourself and was used by you or your organization in its first implication. The other is taking a technology that is already 20 years old, patenting it circa 2009, a time when every smart phone in the business is using said technology, and then using your 'patent' to try to legally take out a competitor for 'stealing' your already 20 year old idea. What apple is doing with multitouch is rediculous - its like general motors filing a 'patent' on combustion engine technology today and using that as a legal weapon to put toyota out of business for 'infringing' on their patent.

http://www.youtube.com/watch?v=S8lCetZ_57g

As we see here, the idea of multitouch and gesturing even is not new and hardly something apple invented.

quote:
Is Jason a qualified patent attorney who can judge whether the competitor is successful by themselves, or because of intellectual property violations?


Didn't realized the qualifications for blogging about tech on a bloody tech site were so high.

quote:
Or is this simply the signal that, since Apple now has the largest market capitalization of any tech company, they are no longer the underdog favorite of the tech press? Can we look forward to lots of positive spin about once-pariah, now-underdog, IBM?


Oh come on dude, as far as strawmen go, thats not even trying. Guess you'll be having some WEAKSAUCE to go with that vineyard quality whine.


RE: No pretense at news reporting
By kamel5547 on 6/23/2010 6:28:10 PM , Rating: 4
Here's food for thought:

I undervolted my CPU 4 years (approximately) ago (Core 2Duo e6600). Its not an "invention" its patent trolling.

I certainly hope Apple's R&D budget is smaller than HTC's since many of their "patents" are based on things that have been done for years.

What we really need is a better patent system.


RE: No pretense at news reporting
By W00dmann on 6/24/10, Rating: 0
"We are going to continue to work with them to make sure they understand the reality of the Internet.  A lot of these people don't have Ph.Ds, and they don't have a degree in computer science." -- RIM co-CEO Michael Lazaridis














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