HTC to appeal ITC ruling in Apple patent case

By on Jul 18, 2011 at 1:10 PM
Legal July 18, 2011

HTC will appeal the U.S. International Trade Commission’s ruling that it is infringing on two of Apple’s patents. “Now the course of action is to appeal, we believe we have a very strong case, the attorney agrees with us, and therefore we will appeal,” HTC’s chief financial officer Winston Yung told The Wall Street Journal on Monday. On Friday, a U.S. ITC judge said that HTC was guilty of infringing on two of Apple’s patents that cover a “system and method for performing an action on a structure in computer-generated data,” and a “real-time signal processing system for serially transmitted data.” Apple originally filed the complaint last year, and HTC has filed its own lawsuit against Apple in which it argues that Apple is infringing on patents owned by its subsidiary S3 Graphics. Yung also said that HTC is open to discussing the lawsuit with Apple. “If the parties want to talk, we can talk anytime…I think in cases like this, you should keep in touch,” he said.

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  • Anonymous

    HTC is screwed.  All Apple has to do is work around the S3 patents by changing the design of their chips.  HTC has to go to Google and beg them to change the underlying framework of Android.  Google doesn’t give a shit.

    • Anonymous

      Yup and changing the design of chips is as simple as making a pie ;-)

      • Anonymous

        According to FossPatents, they could either redesign their chips, or buy chips from a vendor who already has an S3 license.

      • Anonymous

        And of that will not delay the next generation iPhone, right?

      • Anonymous

        Not to mention since Apple was found to be infringing on patents on July 1, HTC could ask that those products be pulled or that Apple has to pay them for each unit sold.  Apple cannot avoid it because its hardware, not software they can merely update.  Also last I checked Apple doesn’t make chips.  So a change of supplier probably wouldn’t be enough.
        Also HTC does not have to go to Google to make a software change.  Ever hear of Sense?  Yeah its HTC’s ui that modifies the Android operating system.  Thats what being open means, the phone maker can change the software at their leisure. 
        Consider the software is the linkification, which browsers have been doing long before the Iphone came out, I doubt its going to hold up in an actual court.
        Foospatents seems more than happy to pass along Apple PR as pure fact, yet they don’t really seem to have an idea of what they’re talking about from a practical perspective.

      • Anonymous

        Of course it’s simple, Apple’s chiPs are made of cardboard; scissors and Elmer’s Glue will do.

      • http://twitter.com/cdoruff Collin Doruff

        The A5 chips are great chips, but outdated it design. Theyre physically large chips, they take up a lot of room. Other chipsets can do the same amount of work with less space on a board.

      • http://twitter.com/cdoruff Collin Doruff

        For a chipmaker compared to a piemaker?

    • Anonymous

      What’s there to stop HTC from removing the offending features if the appeal fails? They do have the source code of the OS.

    • http://twitter.com/cdoruff Collin Doruff

      Google does not give a single shit. Google tells all of the handset developers to make “this phone” the first one to do it impressively gets the pass from google and the rest go back to the drawing board. 

      Thats where Apple pulls through. Samsung, HTC, and Moto all fight to get their phones on the carriers, Apple is fighting no one until AFTER their phones are out.

  • Anonymous

    HTC will win and crush Apple!

    • http://www.facebook.com/applelover Tim Meesseman

      Appeals are rarely won.

    • http://twitter.com/cdoruff Collin Doruff

      True Story, right? You forgot that part.

  • Anonymous

    Here’s what the Android fanbois should pray for (best case scenario for Android’s survival):  HTC and Apple will settle, with HTC paying Apple about $20 per handset sold, going back to the first HTC Android phone.  Then, Apple will win about $15 from Motorola and ZTE for each handset sold.

    This is a best case scenario.  In reality: import ban for most Android phones until Google changes the underlying code to cease infringement.

    • Anonymous

      Hah, you wrote “Android’s survival”.  Funny.  Get real, this is a patent dispute.  Apple infringed on Nokia’s GSM patents for four years and it didn’t stop Apple from selling a ton of phones and generally going on about their business.  HTC will do the same.  This is a big deal to tech bloggers only.  Tech companies are continually suing one another, settling, suing some more etc.  Its part of the cost of doing business.

      Android will survive (and thrive) because it is the only avenue for OEM’s to make devices not subject to the whims of Microsoft.  They can’t make RIM or Apple devices.  They’re stuck.

    • http://twitter.com/cdoruff Collin Doruff

      Sorry, not seeing how Apple benefits from other handset makers in this settlement with HTC.

  • Anonymous

    The price of Android to the OEMs:
    Microsoft: $15
    Oracle: $20
    Apple: $20

    Total of $55 to use the free Android OS.

    Price of WP7 license: $15

    Goodbye, Android.  You tried, and maybe it will work out next time, but you are too expensive.

    • Anonymous

      What a surprise.  LouisLouis4s ugly mug is on 4 of the 8 (now 9) total postings an a BGR article.

      • Anonymous

        Do you have a rebuttal which is utterly littered with facts?  If not, STFU.

      • Anonymous

        Since when is an estimate/speculation a devastating fact?

        Oracle might seek fees….
        Might? Devastating! Especially as nothing has been ruled yet.

      • Anonymous

        And I’m not as ugly as you might claim.  I’m not ugly.

      • Anonymous

        No, you’re not ugly. You’re big, fat and beautiful, damniT!!

      • http://twitter.com/cdoruff Collin Doruff

        Your point?

      • failboat

        your point?

    • Legalalien

      Licensing WP7 doesn’t provide immunity from patent infringement claims. There are few against WP7 right now because it’s not yet a large enough threat to Apple and others. Things will change.

    • Someguy

      at the rate things are going, pay $55 for android and set record profits month after month, or pay $15 and sell to the few that actually want WP7 to survive.   I’ve been stuck with an HD7 for the last 2 months and will be switching to Android tomorrow.  Hate to say it but WP7 is an iphone clone for people that dislike apple. 

    • failboat

      microsoft sells their IP portfolio for other companies which isn’t strictly an android thing

  • Bringit

    HTC: Publicly Shitting

    • Anonymous

      Google’s silence during all of this is deafening.  Most likely, they are concentrating on Google+ at the expense of Android.

    • http://twitter.com/cdoruff Collin Doruff

      Bringit: Best troll
      Bringit: Best apple customer
      Dont bother trying, I wont be revisiting this thread.

      • Bringit

        Best troll?!  Thanks!

        Best Apple customer?!  Thanks!

        Collin Doruff : Liar.  You said you would not be revisiting this thread.  Yet above you replied to @PSN_DonVCorleone:disqus    (of course calling him a troll, the only thing you do in here is call people trolls).

        Collin Doruff:  At lease this time you did not have multiple spelling and grammatical errors.  Maybe it’s time to remove the diapers!

      • http://twitter.com/cdoruff Collin Doruff

        Nah, I wish the threads were timestamped but they both say 1 hour ago (my replies to you and psn_don’s posts). I actually did them on the same visit to the page, by scrolling down. I left after I posted and have not been back since, and never will. But I do admire your intense passion to prove me wrong, incorrectly unfortunately…

  • Kipp Swanson

    HTC will be fine.  Apple is scared to death of Android, and they should be.  It’s freedom, and Steve Jobs can comprehend that people out there want openness and choice, and wouldn’t want things exactly the way he tells them they want it.  I see HTC headed straight to the top, I like their stuff soooooooo much better than Samsung or anybody else.  They’ll get this worked out.

    Besides, I foresee Google putting the smack down HARD on software patents.  They’ve got something brewing.

    • Anonymous

      That’s right.  Google doesn’t believe in patents.  They believe, and we at the Goofan (aka Apple Hater) nation, that no work should be protected from thieves, it should all be free and open for the world.  Google is an absolute open book and they don’t have secrets.  However, I don’t agree with you that they have something “up their sleeves”.  Google doesn’t have secrets, they are totally open…

    • Anonymous

      LOL @ the Fandroids who believe in Google’s so-called “freedom.”  Way to suck up the propaganda like a sponge.

      Here’s a newsflash for you: Google is a corporation driven by profit – that profit comes from you.  Fool.

      • Anonymous

        What does Android’s openness have to do with the fact that we purchase hardware loaded it it?

      • Steve Lee

        Why do you even bother talking to someone like that … just let him say whatever and he will go away when the sun comes up

  • http://pulse.yahoo.com/_FCAHRME4VEZJ6VHOAK2GIJ2ENY Elaine Morin

    I paid $32.67 for a XBOX 360 and my mom got a 17 inch Toshiba laptop for $94.83 being delivered to our house tomorrow by FedEX. I will never again pay expensive retail prices at stores. I even sold a 46 inch HDTV to my boss for $650 and it only cost me $52.78 to get. Here is the website we using to get all this stuff, LiveCent.com

    • Anonymous

      I paid 1 cent for yo momma and she was shit.

      I asked for my money back.

  • DonRSD aka PSN DonVCorleone

    see ya android.
    profits now go down the tube and any phone you sell (if they settle out of court) will profit apple.
    dont forget now apple can see what the android phones look like even in their alpha state LOL

    • http://twitter.com/cdoruff Collin Doruff

      Uh, no? First time trolling?

  • Anonymous

    Patent law should be dissolved entirely – let the innovation of all products escalate.  I want my phone to do everything for me, including cook my dinner.

    • Anonymous

      You know who would be screwed if software patents are banned?  Google.  90% of their business is dependent on software patents:  Google Search/Pagerank.

  • Anonymous

    Android dominos. LINE EM UP!!!! KNOCK EM DOWN!!!! HTC will be dead in two years.  True story™©®

    • Anonymous

      Ah, they have to make a software change IF they dont win the appeal.  Apple has a hardware issue.  Thats a lot harder to change.  Can you say no Iphone5 allowed to be sold?  I think HTC may come around to that idea.

  • Ironheart1980

    I’m tired of all these Apple dick eaters….I respect Steve Jobs brilliant innovation for changing the way we use phones….Suing HTC is was faggat move just to stop the momentum of the Android movement..HTC will find a way to maneuver around this and go back to making brilliant phones…Android is the biggest threat that Steve Jobs has ever faced and right now he’s just throwing his food on the floor like a whining little baby because Android is what what status quo wants.

    • http://twitter.com/cdoruff Collin Doruff

      I dont think Steve has anything to do with the legal issues as of late. He’s more of an icon and figurehead for the company.

  • Anonymous

    Bgr always has that one duh article of the day.

  • Anonymous

    Damn straight HTC. you have every right to file a appeal. APPLE just damn mad and afraid that their going to loose their sales against you. you’re the top company on Android OS next to Samsung. APPLE is just afraid of HTC cause they have higher ratings on their phones and plus all their hard ware is on every carrier unlike APPLE who’s only on AT&T AND VERIZON. Their sales isn’t doing so good on Verizon right now in my opinion

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