Apple Looks to Bully HTC With Third ITC Complaint, HTC Abandons Offense
June 14, 2012 2:30 PM
comment(s) - last by
Android phonemaker refocuses on playing defense to try to avoid more painful bans
As far as the
U.S. International Trade Commission
is concerned, the fight between Taiwanese Android phonemaker HTC Corp. (
) and U.S. phonemaker Apple, Inc. (
) is now officially a one-sided scrap, with Apple looking to pick on its smaller rival.
I. HTC Abandons Offense, Focuses on Defense
acquisition of S3 Graphics
, which it bought largely due to hope of gaining leverage against Apple (S3 Graphics briefly won a complaint against Apple, but later saw its
post-acquisition). HTC is now essentially entirely on the defensive after it decided to drop its appeal of the ITC's decision to reject
its own complaint
against Apple (parallel to S3 Graphics', but also rejected) in February. Initially, HTC indicated it might appeal, but it now has decided to focus on playing defense.
Apple, which is much more profitable and reportedly employs a much larger legal team, convinced the ITC to
rule in its favor last December
, finding that
certain HTC handsets infringed
U.S. Patent No. 5,946,647
on a "System and Method for Performing an Action on a Structure Computer-Generated Data".
The patent is commonly shortened to the '647 patent or referred to as the "data-tapping" patent, given that it covers converting text to actionable links. Apple’s Advanced Technology Group developed the patent in the mid-1990s. At the time smartphones weren't even on the drawing board -- the patent was on how to make text into links that could be launched in multiple browsers.
"Data tapping" in its original form -- this is the technology Android handsets are being banned for. [Image Source: Apple Insider]
But over a decade later Apple realized it could potentially flex the patent to cover its processing of converting text into links so that you can, say, click on a phone number to call it. Last month it
briefly scored a ban
on several of HTC's top handsets, despite the fact that the infringing feature appeared to have been removed from them.
II. More Bans In Store?
Google Inc. (
implemented a workaround
, in part to try to protect HTC. The new "App Associations" feature, auto-launches apps when a certain type of link is clicked, which differs slightly from the technology described in Apple's patent, in which the initial action of a click is to open a menu of options (with no auto-launch).
Still Apple is claiming the Android feature is within its broad interpretation of its patent's scope. It's looking to hurt HTC with more anticompetitive import delays, filing its third complaint with the ITC earlier this month. In that complaint it claims that 29 of HTC's Android handsets -- virtually all its smartphone lineup -- are in infringement of the '647 patent.
HTC hopes to defend itself from a third complaint by Apple who is looking to legally bully it.
[Image Source: Flickr/Freedom for Aardvarks]
It remains to be seen whether the ITC favors Apple
and buys into this refreshed effort to bully the smaller rival. Apple has been dealt key losses in recent weeks, seeing its efforts to stop Samsung Electronic Comp., Ltd.'s (
Galaxy S III launch sink
and seeing its case against
Motorola Mobility be
thrown out of court "with prejudice"
This article is over a month old, voting and posting comments is disabled
RE: Apple are making fools of themselves
6/14/2012 3:21:46 PM
I, personally, don't see why Apple doesn't just try to build/sell a better product.
Because if Apple had their way, there wouldn't be a better product. There would simply be THE product. And we'd be supposed to pay whatever Apple feels like charging.
RE: Apple are making fools of themselves
6/14/2012 6:29:04 PM
I find your lack of faith disturbing. Apple will conquer and rule over all. Soon the rebellion will fall and remaining will be Apple. Bow down before it's too late, rebel scum.
"Can anyone tell me what MobileMe is supposed to do?... So why the f*** doesn't it do that?" -- Steve Jobs
Apple Plays Wile E. Coyote, Sees Galaxy S III Ban Attempt Foiled
June 13, 2012, 1:43 PM
Apple's Case Against Motorola/Google Dismissed "With Prejudice"
June 8, 2012, 11:00 AM
Google Completes Acquisition of Motorola Mobility, Layoffs Likely
May 22, 2012, 11:47 AM
After a Month Delay U.S. Customs Lets HTC Handsets Trickle Through
May 21, 2012, 12:04 PM
HTC Implements Workaround to Apple's Patent for Evo 4G LTE, One X
May 17, 2012, 4:35 PM
iPad Sales Shrink, Apple CEO Chides Hybrid Tablets, Android, and Microsoft
April 24, 2014, 1:38 PM
FDA Proposes Regulations, Health Warnings for Electronic Cigarettes
April 24, 2014, 9:00 AM
Apple Rakes in $10.2B Profit for Fiscal Q2; Announces 7-for-1 Stock Split
April 23, 2014, 4:39 PM
The Price is Right: OnePlus One Packs Hot Spec for Only $299
April 23, 2014, 3:37 PM
Google Unveils Solar Panel Lease Plan for Homeowners
April 23, 2014, 9:56 AM
Quick Note: Apple Invites Companies to “Copy” Its Environmental Record
April 22, 2014, 7:58 AM
Most Popular Articles
A Bug's Life: Female Cave Bugs Have Penises, Penetrate Males for Three Days
April 17, 2014, 7:20 PM
HTC Hires Former Samsung Marketing Chief Who Developed "Galaxy" Brand
April 18, 2014, 6:00 PM
NASA Finds "Habitable Zone" Planet Sized Similar to Earth
April 18, 2014, 3:13 PM
Mounties Arrest 19-Year-Old Who Delayed Canada's Tax Filing w/ Heartbleed
April 17, 2014, 3:24 PM
Thanks to Government Crackdown, Chinese "Porn Cop" Has Watched 600K Adult Videos
April 21, 2014, 12:00 PM
Latest Blog Posts
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information