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Submission. Now, that's a bit of a problem. You threaten our products with embargo and death. Oh, I've chosen my words carefully, Apple. Perhaps you should have done the same.  (Source: Warner Brothers)

Responding to Apple's suit which looks to kill the import of all HTC Android smart phones to the U.S., HTC has countersued Apple, looking to block the import of the iPad, iPod, and iPhone from China.  (Source: HTC)
"We are taking this action against Apple to protect our intellectual property, our industry partners, and most importantly our customers that use HTC phones." -HTC

HTC's smart phone success is a big part of why Google's Android OS recently passed Apple's iPhone in market share.  Apple isn't exactly being gracious about its rival's success, though.  It has sued HTC for the supposed violation of 20 patents, including patents that cover using a sliding finger to unlock a phone, using processor undervolting via interrupts, and object oriented graphics. 

But HTC isn't about to bow to Apple's legal demands.  And it's not about to relinquish its new lead.

Today the company filed countersuit, filing a complaint with the United States International Trade Commission (ITC), accusing Apple of violating 5 of its patents.  It is seeking to block the importation of Apple's iPad, iPod, and iPhone from China -- the exact counterpoint of Apple's suit, which seeks to block the import of all HTC's Android handsets from Taiwan. 

In a press release HTC's North American VP, Jason Mackenzie, writes, "As the innovator of the original Windows Mobile PocketPC Phone Edition in 2002 and the first Android smartphone in 2008, HTC believes the industry should be driven by healthy competition and innovation that offer consumers the best, most accessible mobile experiences possible.  We are taking this action against Apple to protect our intellectual property, our industry partners, and most importantly our customers that use HTC phones."

The full complaint can be viewed here.

Looking briefly at a couple of the patents, one covers power management in smart phones/pdas, the next covers organizing a cell phone phonebook, and another covers a system of managing recent calls in memory and tying them to your phonebook.  While HTC's claims at first glance seem no less tenuous than Apple's, it's important to note that HTC is merely using its IP portfolio defensively, while Apple is trying to use its IP library to kill a competitor that has recently bested it in sales.

Ultimately, Apple may have bitten off more than it can chew in trying to sink HTC, a company that was making PDAs five years before Apple released its first iPhone.  The court battle will likely be fierce and expensive.  And in the end chances are that neither company will see its requests to block importation granted.

However, the countersuit sends a clear message:  HTC will not let itself be bullied.  And it will not relinquish the success it has fought so hard for.


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Ahhhh
By Calindar on 5/12/2010 9:11:12 PM , Rating: 5
Poetic justice.




RE: Ahhhh
By sjlee33 on 5/12/2010 9:37:47 PM , Rating: 2
I'm not so sure about poetic justice here. I mean Apple opened the door but in the end who really benefits and who loses? The lawyers for both sides win for sure and either company could possibly force a competitor out or gain a monetary settlement. Now here's the rub either company could lose but consumers lose no matter what. The costs of the legal fight will be passed on to consumers either through higher costs or inferior products. If either is forced out of the market that means less competition and that's bad for the consumer as well. So no matter what happens we the consumer lose and there's no poetry there from my point of view.


RE: Ahhhh
By karielash on 5/12/2010 10:37:00 PM , Rating: 2
I do not disagree with what you are saying, but at the end of the day HTC is getting attacked by Apple, if Apple succeeds, and given the legal/patent systems in the USA I wouldn't be surprised if they did succeed, every Droid owner would lose.

Personally I see this as HTC protecting the Droid user base as much as it's IP, I have nothing against the iPhone, if it wasn't on AT&T I would probably have purchased one, in the end I went with a Droid Eris on Verizon and am more than happy with my choice.


RE: Ahhhh
By mckinney on 5/13/2010 11:22:37 AM , Rating: 3
This looks like a complaint.
Not a lawsuit.


RE: Ahhhh
By Uncle on 5/13/2010 1:28:32 PM , Rating: 4
" The lawyers for both sides win for sure" I see this comment all the time. People have this idea that whenever a corporation gets sued they go out and hire lawyers. Not so. Corporations retain a Law firm by a contract, who handle all their legal affairs. Only poor people like us hire on the spot lawyers when we get ourselves in trouble.


RE: Ahhhh
By pequin06 on 5/13/2010 2:07:02 PM , Rating: 2
Poor people should use Pre-Paid Legal
http://www.prepaidlegal.com/


Finally someone with cojones!!!
By jvillaro on 5/12/2010 10:33:13 PM , Rating: 5
You go HTC, I'm rooting for you!

Even if nothing comes out of this, it's about time somebody starts sticking it to Apple.




RE: Finally someone with cojones!!!
By carniver on 5/13/2010 12:41:19 PM , Rating: 4
Apple should've learned their lesson

First they sued Nokia, and got countersued.
Now they sued HTC, again got countersued.

You've got a sharp blade Apple, but it's also double-edged


By geddarkstorm on 5/13/2010 1:47:16 PM , Rating: 2
Oh, the war's on (the 300 pic is far too fitting). And don't forget all the mud slinging Apple's been doing against Adobe too. They've really opened themselves up to battle on numerous fronts.

This will definitely be interesting to watch, as I wonder if Apple hasn't bitten off more than they can chew.


By hexxthalion on 5/14/2010 7:26:13 AM , Rating: 2
nope, nokia sued them and then countersued


Only 5 Patent Infringments?
By Smartless on 5/12/2010 9:24:30 PM , Rating: 3
Hehe well I hope HTC can find the time to release a droid phone for AT&T so I can honestly buy something other than an iPhone.




By Treknologist on 5/12/2010 9:33:19 PM , Rating: 4
LOL, and they should call it the HTC iTerminator! Go HTC! I'm glad they are not letting Apple bully them.


RE: Only 5 Patent Infringments?
By Randomblame on 5/12/2010 9:36:26 PM , Rating: 2
The HTC Fuze, and Tilt2 both from at&t can run android. They come with windows mobile but they can run android, they can even run rhobuntu which is a port of ubuntu jaunty jackelope for these phones. I have the Tilt2, it's a wonderful phone.


RE: Only 5 Patent Infringments?
By Omega215D on 5/12/2010 10:26:58 PM , Rating: 2
With HTC paying MS royalties or whatever they can go ahead and fight off Apple barring any claim of infringement.


300 picture and caption
By RedemptionAD on 5/13/2010 9:53:27 AM , Rating: 5
Saw that picture and the caption and it describes the situation perfectly....just made my day. Not so funny when karma comes up to bite back Crapple. Can't wait to see the Apple reply.
Apple:This is madness!
HTC: This is SMARTPHONES!!!
futher conversation
Apple: Our number of lawyers will blott out the sun.
HTC: Than we shall fight in the shade where your products won't overheat and explode.




RE: 300 picture and caption
By armagedon on 5/13/2010 5:09:12 PM , Rating: 2
I was going to say the same thing, great photo ! Great post RedemptionAD !


RE: 300 picture and caption
By RedemptionAD on 5/14/2010 10:10:19 AM , Rating: 2
Thank You. It's my first 5 post as well.


caption irony
By Avatar28 on 5/12/10, Rating: 0
RE: caption irony
By GeneralJohnson on 5/13/2010 12:40:23 AM , Rating: 3
If it was a Winmo phone that would be funny but i see the Sprint EVO 4G that is a android phone and will be coming out later this year


RE: caption irony
By HaB1971 on 5/13/2010 7:18:28 AM , Rating: 2
quote:
Am I the only one that finds it amusing that the article and caption talk about HTC phones running Android but the photo shows an HTC phone running WinMo?


So the Android Market icon was what clued you in to that fact was it?


HTC has come a long way
By InternetGeek on 5/13/2010 3:13:17 AM , Rating: 5
I think it wasn't more than 3 years ago when everyone was mad at HTC for their 3D drivers fiasco.

Then about a year ago I swore I would never buy another HTC phone until I got a Nexus One about 1 week ago. Best phone ever. And I know its good because I've showed it to people who use iPhones and they have called their phone a POS.

They are now better than Apple and their products (both hardware and software) are the measure of everything else. Interesting times indeed...




oink
By reredrum on 5/13/2010 8:45:47 PM , Rating: 2
apple seems to be making one hell of a name for themselves lately. they're becoming the new microsoft, the company you love to hate...




RE: oink
By talonvor on 5/18/2010 5:21:46 PM , Rating: 2
I think Jobs has turned into the monster that Gates might have been. Because he sure seems to think his crap don't stink.


Google
By milli on 5/13/2010 7:08:17 AM , Rating: 3
Didn't Google already say that they will support HTC as much as they can? I'm sure Google will pore millions into this lawsuit before it will let HTC lose.
In the end, i'm pretty sure this will cost Apple most of those 20 patents. Apple is selling phones for 3 years now, and like in any industry they're involved with, they have made many enemies. If they think they can fight Nokia, Google, HTC, ... then think again.




By 325hhee on 5/14/2010 7:39:43 PM , Rating: 3
I can see it now,

Hi I'm an iphone
Hi I'm an HTC
We have doucheyness and pretentiousness going for us
We don't
We have tons of apps
We don't yet
We're the anti Microsoft
We're not even Microsoft you moron
We fail
You're finally right about something.




Go team htc!
By piroroadkill on 5/13/2010 4:50:52 AM , Rating: 2
You go girl!




market
By rameshms on 5/13/2010 10:35:45 AM , Rating: 2
Apple has not only increased smart phone market, but also has increased market for patent lawyers with its frivolous law suits




Where is reader1 ?
By chick0n on 5/13/2010 12:19:22 PM , Rating: 2
Where is that retard ?

Its just funny that everytime when Apple got in trouble, reader1 just never shows. ROFL.




40 billions
By Zingam on 5/13/2010 1:10:15 PM , Rating: 2
Don't worry! They say Apple has 40 billion in cash. 40 billion dollar to spend on lawyers! :)




Innacuracy
By adiposity on 5/13/2010 1:19:45 PM , Rating: 1
quote:
But HTC isn't about to bow to Apple's legal demands. [b]And it's not about to relinquish its new lead.[/b]


I think you are confusing Android handsets with HTC handsets. HTC does not make all Android handsets, and most of the android success in the last quarter went to Motorola Droid (obviously, Incredible will change that).

What lead?




RE: Innacuracy
By adiposity on 5/13/2010 1:22:05 PM , Rating: 1
Gotta love DT's lack of edit.

quote:
But HTC isn't about to bow to Apple's legal demands. And it's not about to relinquish its new lead.


I think you are confusing Android handsets with HTC handsets. HTC does not make all Android handsets, and most of the android success in the last quarter went to Motorola Droid (obviously, Incredible will change that).

What lead?


Hmmmm....
By alanore on 5/13/2010 2:14:43 PM , Rating: 2
quote:
However, the countersuit sends a clear message: HTC will not let itself be bullied. And it will not relinquish the success it has fought so hard for.


So why is HTC paying Microsoft money for every android handset that it sells?




Glad I'm doing my part...
By wiz220 on 5/13/2010 4:54:21 PM , Rating: 2
to help and buying an HTC Incredible. Can't wait for it to get here, GO HTC!




RE: Glad I'm doing my part...
By hiscross on 5/13/10, Rating: 0
HTwhat?
By rburnham on 5/18/2010 8:34:54 AM , Rating: 2
Everytime I see "HTC" I think "HTPC" and I get confused.




By tallguywithglasseson on 5/14/2010 11:53:07 AM , Rating: 1
That's one quarter's sales figures... not market share. At least as I understand "market share", when referring to operating systems, to mean estimated number in use.

And as noted earlier, HTC doesn't make all Android sets, so even if Android did have a lead in market share -- which I don't believe it does -- it wouldn't be HTC's to relinquish.

I don't know exactly what the current smartphone OS picture is, but I'm pretty sure it's still something like Symbian->Rim->Apple, then Windows Mobile and Android, then everything else. Not sure what order WinMob and Android are in at present.




Mick and sour Apples?
By XZerg on 5/13/10, Rating: -1
RE: Mick and sour Apples?
By paydirt on 5/13/2010 10:28:41 AM , Rating: 5
The article certainly is NOT a negative OPINION piece. The article is entirely factual, so for you to think it's opinion suggests some kind of fanboi'ism or haterism at work. Nice try tho


RE: Mick and sour Apples?
By PrezWeezy on 5/14/2010 3:08:16 PM , Rating: 2
This article aside, he has a point. I've noticed the same thing in Mick's commentaries as well.


"So, I think the same thing of the music industry. They can't say that they're losing money, you know what I'm saying. They just probably don't have the same surplus that they had." -- Wu-Tang Clan founder RZA














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