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 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.
"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser
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
Numerous Leaks Detail 4.7" iPhone 6 Processor, RAM, Cellular and NFC Capabilities
August 29, 2014, 10:37 PM
Buzz Grows Over Upcoming Lenovo Vibe X2's "Layered" Rim, Intel Chip
August 29, 2014, 4:59 PM
Sprint Intros Free Wi-Fi Calling for Overseas Travelers
August 29, 2014, 11:30 AM
Nokia HERE Maps to Arrive on Samsung Galaxy Smartphones This October
August 29, 2014, 9:14 AM
Microsoft's Standalone Kinect 2 Goes On Sale Oct. 7 for $150
August 28, 2014, 4:33 PM
Apple Builds Not-So-Secret Secret 3-Story Tower for iPhone 6/iWatch Unveil
August 28, 2014, 3:41 PM
Most Popular Articles
Microsoft's Surface 2 Tablet Family Gets a $100 Price Cut
August 25, 2014, 1:16 AM
Owner of "Decepticon" Maserati Ordered to Appear in Court This Thursday
August 25, 2014, 7:55 AM
LG Posts Teaser Video of Its “Round Face” G Watch R Smartwatch, Set for IFA Lauch
August 24, 2014, 2:49 PM
Windows 9: "Upgrade Now" Button Coming for Enterprise Updates, ARM Preview in H1 2015
August 26, 2014, 8:00 PM
Second ZMapp-Treated Patient Dies of Ebola, Supplies Run Out
August 25, 2014, 7:03 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