Game Over? Apple's Bid to Kill HTC Nears Fruition as ITC Blocks Imports
May 16, 2012 11:35 AM
comment(s) - last by
(Source: LucasFilm Ltd.)
U.S. Customs is blocking shipments of HTC One X and Evo 4G LTE "indefinitely"
Reeling HTC Corp. (
) didn't need any more bad news.
After a meteoric rise which placed it briefly atop the U.S. smartphone sales charts, it closed out 2011 with a
deep decline in units sold
. Determined to avoid the fate looming over other troubled rivals like Research in Motion, Ltd. (
), HTC saw a big revitalization push, championed by a slew of impressive flagship phones, such as
the HTC One X
and the refreshed Evo 4G LTE. The bid might have succeeded.
It might have suceeded had HTC not run afoul of punitive legal juggernaut Apple, Inc. (
), that is. HTC didn't need more bad news, but that is precisely what it received.
I. Data Tapping Ban Comes to Fruition
While HTC One X carrier AT&T, Inc. (
) and Evo 4G LTE Sprint Nextel Corp. (
) have some stock of the new Android smartphones, hopes of strong sustained sales may have been crushed this week. U.S. Customs officials announced that they were freezing imports of the Taiwanese designed devices, on the grounds of Apple's successful infringement case against HTC where it scored
a preliminary injunction
U.S. International Trade Commission
The U.S. is the
second largest smartphone market
in the world, and by far the largest market for HTC, whose market share in China -- the world's largest market -- is minimal. That makes the import ban in the U.S. all the more painful.
The ban, which was confirmed by HTC this week, took effect on April 19, following a
successful ITC claim by Apple
last fall, which is running parallel to Apple's
multiple infringement lawsuits
in U.S. Federal Court.
HTC One X == BANNED
Specifically, Apple's import ban focuses on
U.S. Patent No. 5,946,647
. The patent claims the invention of a process that converts phone numbers or addresses found inside apps into queryable objects. Called "data tapping" for short, the feature allows you to tap a number on a webpage within the web browser or from an email inside the email client app and be redirected to the phone app to make a call to that number.
Ironically a similar feature, which recognized web and file system urls and converted them to actionable links existed in versions of Microsoft Corp.'s (
) Office Suite dating back to the 1990s. Further, other companies implemented custom software to parse office documents and create specialized actionable marked up versions in the early 2000s [
]. In short, Apple's "invention" hardly is new or novel.
However, the fact that it was granted a (re)patent on the idea of actionable text on a smartphone has enabled its legal team to
successfully attack Android phonemakers
. Apple has not sued Microsoft -- another rival phonemaker -- both because Microsoft likely owns patents on similar technology that predate its patents, and because Microsoft and Apple have a broad cross-licensing agreement in place that basically prevents the companies from suing each other. Apple and Google, Inc. (
) -- maker of Android OS -- have no such agreement.
II. HTC Already Removed the Feature, ITC Bans Imports Anyways
Ironically, HTC claims that the data tapping feature which is responsible for the ban has already been removed from its handsets.
Data tapping in action [Image Source: imgur]
HTC has shipped modified versions of Android, which have specialized browser app and email client app bills that prevent phone-numbers from being converted to actionable links.
Despite complying with the ruling, U.S. Customs (enforcing the ITC order) appears to be blocking imports "indefinitely" anyways, while it "inspects" the handsets to determine if the feature has been fully removed. In short, HTC has tried to play by the rules, but it may lose weeks to months of sales -- millions of dollars in revenue -- due to Apple's successful litigation and the Custom department's sluggish pace and determining whether the ban should be lifted.
HTC's tone was grim in a statement it released this week, commenting:
The US availability of the HTC One X and HTC EVO 4G LTE has been delayed due to a standard U.S. Customs review of shipments that is required after an ITC exclusion order. We believe we are in compliance with the ruling and HTC is working closely with Customs to secure approval. The HTC One X and HTC Evo 4G LTE have been received enthusiastically by customers and we appreciate their patience as we work to get these products into their hands as soon as possible.
Bonnie Chang, an analyst of Yuanta Securities says there's no telling how long it might be before the ITC/Customs might lift the ban, given that they thus far have appeared to refuse to spend what would seem to be an afternoon's worth of work to verify that the feature is gone.
Ms. Chang to
, "It's really hard to tell how much longer the phones will be held up at the customs because the review has already taken a month."
HTC, like Apple, manufactures its handsets in China. Thus an import ban is tantamout to a sales ban, once existing stock is exhausted.
III. Surprise Ban Could Spell Doom for the Troubled Android Phonemaker
Shares in the smartphone maker have plunged 10 percent this week on the bad news.
The ban on brand new handsets came as somewhat of a shock to HTC, as it had made it clear that it had removed data tapping from all new models. Despite that, the ITC/Customs seems to have implemented a draconian import ban on the new handsets "just to check". Previously it was thought that only
handsets, which were targeted in the case would be banned from import, pending inspection.
A Goldman Sachs Group, Inc. (
) investors note comments, "Previously, it was expected that general exclusion order from the patent infringement referred to only old models from HTC. However, the latest news suggest otherwise with all models (new and old) potentially at risk."
The lost revenue could be a potentially game ending development for HTC, who was already struggling. In that regard HTC may become a martyr of sorts for Apple's critics and patent reform advocates in the United States.
A long import ban could be fatal to financially troubled HTC. [Image Source: Smart Dots]
After all, larger Android phonemakers Motorola Mobility Inc. (
) and Samsung Electronics Comp., Ltd. (
) have escaped similar import bans, thanks to their
large patent portfolios
. By contrast, while HTC's phones have the exact same features as Motorola and Samsung (such as data tapping), it alone has suffered a U.S. ban, thanks in part to its smaller patent portfolio and much smaller legal team.
In that regard Apple has been accused of "picking on the little guy". But if Apple is indeed legally "bullying" HTC, it may turn out to be quite the lucrative move. While technophiles will likely bitterly oppose the move, most of Apple's critics were already Android buyers, and they overall represent a minority of smartphone users.
If Apple can succeed in putting HTC under such a crushing financial hardship that it collapses, the average non-technophile user stands a strong chance of converting to an iPhone, which is now on
most of America's networks
. For all the frustration from the technophile and pro-Android community, there's little they can do to prevent that, as Apple's brilliant marketing machine and polished legal team roll along.
HTC [via The Verge]
This article is over a month old, voting and posting comments is disabled
RE: Patents, Legal System, Experience,
5/17/2012 5:40:44 AM
Apple is doomed!!!
"Well, we didn't have anyone in line that got shot waiting for our system." -- Nintendo of America Vice President Perrin Kaplan
Sprint CEO Gives $3.25M Back to Company After Upsetting Shareholders in iPhone Deal
May 8, 2012, 10:44 AM
Quick Note: HTC Profit Officially Down 70 Percent, CEO Blames Apple
April 25, 2012, 10:26 AM
German Court Upholds Apple iCloud, MobileMe Ban
April 13, 2012, 2:31 PM
HTC Reveals One X, One S, and One V Android 4.0 Smartphones at MWC
February 26, 2012, 5:24 PM
The Empire Strikes Back: Apple Scores U.S. Ban on HTC's Low End Phones
December 19, 2011, 11:21 PM
Chromebooks Expected to See Sales Grow 26 Percent to 7.3 Million Units This Year
May 22, 2015, 1:26 PM
Apple Finally Updates 15" MacBook Pro w/ Force Touch; 5K iMac Gets Price Cut
May 20, 2015, 1:45 PM
LG G4's International Rollout Begins; Pint-Sized G4c, High-End G4 Stylus Trot Out
May 19, 2015, 12:54 AM
President Obama Posts His First "Personal" Tweet to Twitter Via an iPhone
May 18, 2015, 4:38 PM
Microsoft Bricks the Xbox Ones of Gears of War Testers Responsible for Leaks
May 14, 2015, 5:26 PM
Windows 10 Mobile Build 10080 is Available for New Phones, Brings Office Preview
May 14, 2015, 2:53 PM
Most Popular Articles
America's Largest Cable Company, Comcast, Sees Internet Subscriptions Pass TV
May 4, 2015, 2:46 PM
Can id Software's Doom Find Its Way Out of a 7+ Year Development Hell?
May 19, 2015, 7:38 PM
Oculus Rift Confirms "Pause" in OS X, Linux Development, Some Devs are Mad
May 18, 2015, 11:36 PM
The Pirate Bay Loses Its Iconic Swedish Dot SE Domains
May 20, 2015, 6:31 PM
In-Depth: Apple's ~$1B Court Victory Over Samsung to be Cut up to a Third
May 18, 2015, 9:20 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2015 DailyTech LLC. -
Terms, Conditions & Privacy Information