Apple Sues HTC for Patent Infringement
There was a big news story today that involved two of the biggest phone manufacturers in the world, HTC and Apple. As the morning went on, the story kept developing, so we finally have the details for you. Apple is suing HTC over "20 Apple patents related to the iPhone’s user interface, underlying architecture and hardware”. Thanks for everyone that sent us this tip!
Apple's asking for a permanent injunction, which would bar HTC from importing or selling phones here that use these patents, along with triple damages with maximum interest. As you can see, some of the patents are fairly broad, like "unlocking a device by performing gestures on an unlock image".
Steve Jobs has this statement:
"We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it. We think competition is healthy, but competitors should create their own original technology, not steal ours."
Apparently HTC was just as surprised to hear about this according to their statement:
"We only learned of Apple's actions based on your stories and Apple's press release. We have not been served any papers yet so we are in no position to comment on the claims. We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years."
The patents include:
The ‘331 Patent, entitled "Time-Based, Non-Constant Translation Of User Interface Objects Between States," was duly and legally issued on April 22, 2008 by the United States Patent and Trademark Office.
The ‘949 Patent, entitled "Touch Screen Device, Method, And Graphical User Interface For Determining Commands By Applying Heuristics," was duly and legally issued on January 20, 2009 by the United States Patent and Trademark Office. A copy of the ‘949 Patent is attached hereto as Exhibit B.
The ‘849 Patent, entitled "Unlocking A Device By Performing Gestures On An Unlock Image," was duly and legally issued on February 2, 2010 by the United States Patent and Trademark Office. A copy of the ‘849 Patent is attached hereto as Exhibit C.
The ‘381 Patent, entitled "List Scrolling And Document Translation, Scaling, And Rotation On A Touch-Screen Display," was duly and legally issued on December 23, 2008 by the United States Patent and Trademark Office. A copy of the ‘381 Patent is attached hereto as Exhibit D.
The ‘726 Patent, entitled "System And Method For Managing Power Conditions Within A Digital Camera Device," was duly and legally issued on July 6, 1999 by the United States Patent and Trademark Office. A copy of the ‘726 Patent is attached hereto as Exhibit E.
The ‘076 Patent, entitled "Automated Response To And Sensing Of User Activity In Portable Devices," was duly and legally issued on December 15, 2009 by the United States Patent and Trademark Office. A copy of the ‘076 Patent is attached hereto as Exhibit F.
The ‘105 Patent, entitled "GMSK Signal Processors For Improved Communications Capacity And Quality," was duly and legally issued on December 8, 1998 by the United States Patent and Trademark Office. A copy of the ‘105 Patent is attached hereto as Exhibit G.
The ‘453 Patent, entitled "Conserving Power By Reducing Voltage Supplied To An Instruction-Processing Portion Of A Processor," was duly and legally issued on June 3, 2008 by the United States Patent and Trademark Office. A copy of the ‘453 Patent is attached hereto as Exhibit H.
The ‘599 Patent, entitled "Object-Oriented Graphic System," was duly and legally issued on October 3, 1995 by the United States Patent and Trademark Office. A copy of the ‘599 Patent is attached hereto as Exhibit I.
The ‘354 Patent, entitled "Object-Oriented Event Notification System With Listener Registration Of Both Interests And Methods," was duly and legally issued on July 23, 2002 by the United States Patent and Trademark Office. A copy of the ‘354 Patent is attached hereto as Exhibit J.
United States Patent No. 5,481,721 entitled "Method for Providing Automatic and Dynamic Translation of Object Oriented Programming Language-Based Message Passing Into Operation System Message Passing Using Proxy Objects," issued on January 2, 1996...
United States Patent No. 5,519,867 entitled "Object-Oriented Multitasking System," issued on May 21, 1996…
United States Patent No. 6,275,983 entitled "Object-Oriented Operating System," issued on August 14, 2001…
United States Patent No. 5,566,337 entitled "Method and Apparatus for Distributing Events in an Operating System," issued on October 15, 1996…
United States Patent No. 5,929,852 entitled "Encapsulated Network Entity Reference of a Network Component System," issued on July 27, 1999…
United States Patent No. 5,946,647 entitled "System and Method for Performing an Action on a Structure in Computer-Generated Data" issued on August 31, 1999…
United States Patent No. 5,969,705 entitled "Message Protocol for Controlling a User Interface From an Inactive Application Program," issued on October 19, 1999…
United States Patent No. 6,343,263 entitled "Real-Time Signal Processing System for Serially Transmitted Data," issued on January 29, 2002…
United States Patent No. 5,915,131 entitled "Method and Apparatus for Handling I/O Requests Utilizing Separate Programming Interfaces to Access Separate I/O Service" issued on June 22, 1999…
United States Patent No. RE39,486, entitled "Extensible, Replaceable Network Component System," reissued on February 6, 2007…
Source: Gizmodo
© 2010, mindfrost82. All rights reserved.
Interesting that they sue HTC and not Microsoft. Show’s who they feel threatened by. For instance, their patent for “Unlocking A Device By Performing Gestures On An Unlock Image” applies to every Windows Mobile 6.5 phone, not just HTC. All the more reason why the supreme court needs to knock down these ridiculously obvious software patents…
In Apple’s filings they listed phones. They listed all the Android phones and Windows 6.5 phones produced by HTC.
United States Patent No. 5,519,867 entitled “Object-Oriented Multitasking System,”
ROFLMFAO
WHAT MUTITASKING??!?!?!?!?!?!
Screw Apple. They’re pissed that they’ll never be number 1. And HTC is gaining rapid market share and now Apple is shaking in their little boots. If they had a SINGLE leg to stand on, they’d have sued Microsoft, not HTC. And the iPad? What a joke. It’s a perfect example that Apple is all out of fresh ideas. HTC FTMFW.
Apple is only doing this because their own sales are slowly declining and HTC’s are doing exactly the opposite. They are suing in a desperate attempt to stop losing customers to other manufacturers, such as HTC, point blank.
It is very typical of a corporate monster like Apple to sling their lawyers around like a school yard bully slings his bat, but it is still saddening to see that they felt that they had to resort to such tactics to survive. I hope HTC kicks Apple’s butt in both court and device sales (internationally) this year.
WOW Someones panties are in a bunch…lol. Seems Apple is grasping to do something like this. Seems if they are serious then why only HTC?
Funny!
Both the 453 Patent and the 599 Patent are available on devices that were around long before the iPhone. I.E. laptops, tablet pc’s.
It almost looks like through a bunch of crap at the wall and see what sticks.
I see two major reasons for these suits.
1. Android devices is set to out sale the iPhone.
2. The other US carriers are not bowing down to Apple demands for carrying the iPhone – the other carriers can carry Android devices that is just as good or better than the iPhone.
This is going to make Apple look really stupid when it gets thrown out. I think all of these “patents” fall along the lines of anti-competition.
Pirates of Silicon Valley, part 2
I hope HTC kicks the sauce out of Apple if this really does end up in court.
it just sounds like typical Apple, if you can’t beat them, sue them!
Is it irony or coincidence that the image posted with this story is stolen from Gizmodo?
they are going after the basic fundamentals of smartphones and even feature phones,
they went after the hd2… the hd2 isn’t even available to the american public from htc
how can they use a phone not sold in the US
@untitled –
It’s ironic that you did not see the source for this article IS Gizmodo.
apple is jealous of android. you cant hold us down
@hoodracer
They filed with the courts in Delaware and the International Trade Commission
lol..imma sue apple for using COPY/CUT AND PASTE!
wow how pathetic, apple are worthless dbags.
Yeah, totally lame of Apple. But let’s not forget, M$ used to and has done the same thing many many times over. I’m not condoning what they are doing or any company does like this. But it’s just the name of the corporate game. Now everyone hold their tongue and say Apple’s…..
“We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it,” said Steve Jobs, Apple’s CEO. “We think competition is healthy, but competitors should create their own original technology, not steal ours.”
What a crock of $h!t!!! He hasn’t created anything “original”. The iphone is just a basic smart phone with a really nice skin. Honestly I think it mocks people by saying that we made this device so easy because the people who are using it are too stupid. I like devices that let me use my own creativity to make it how I want it to look and work.
Apple’s cash mountain, now nearing $40 Billion, could be used to do just about whatever Steve Jobs decides to use it for. He could give shareholders a dividend, employees a raise, reduce price tags on products, etc. But instead, he has decided to give it to lawyers, forcing HTC to do the same, and giving all of us less product development as a result.
oh wow what a bunch of malditos asquerosos desgraciados crétinos tarados!! they are just simply mad because within years time WM and Android devices made by HTC will take them down if they hadnt already done so. WM and Android have new versions coming out this year and we have yet to even hear what theyre planning for the next iPhone OS they are just simply out of ideas. and also i dont appreciate when android users are attacking WM we are a team that is formed to take the iPhone down.
I wonder what Apple’s only carrier in the US thinks of this? ATT I don’t think currently has any Android handsets but were believed to release a few of them this year (along with webOS devices). I wonder if the timing of this has more to do about ATT releasing Android handsets soon then HTC Android handsets in general. If an ATT iPhone customer wants an Android handset, it is a lot easier for them (if they like their carrier) to upgrade to an Android handset from ATT rather than jump ship to another carrier. They don’t have to deal with possible early termination fees, difference in coverage, etc. Seems like Apple may be burning the only bridge they are standing on in the US, unless they were planning to release to other carriers soon.
???
M$ should whine and complain about the iPad infringing on copyrights. Oh wait, the iPad is “original patented technology”. This is rediculous!!! I Hope HTC cleans the floor.
Apple doesn’s see why HTC is outselling them… Simple: HTC makes GSM and CDMA devices for all bands and carriers. Apple makes a fad phone for ONE carrier. What do you expect?! HAHA.
“Touch Screen Device, Method, And Graphical User Interface For Determining Commands By Applying Heuristics,”
-You copyrighted the ability for the phone to make guesses based on gestures? okay…
“Unlocking A Device By Performing Gestures On An Unlock Image,”
-That’s been around since before your precious lock screen. Sorry, next?
“List Scrolling And Document Translation, Scaling, And Rotation On A Touch-Screen Display,”
-You patented how the phone handles text when switching from portrait to landscape? Is that such an original method that it would be impossible for others to have a similar method?
“System And Method For Managing Power Conditions Within A Digital Camera Device,”
-Cool. The backlight stays on in camera mode.
“Conserving Power By Reducing Voltage Supplied To An Instruction-Processing Portion Of A Processor,”
-WOW. YOU REDUCE PROCESSING POWER TO SAVE BATTERY? I would never have guessed!
“Object-Oriented Multitasking System,”
-Wait. The iPhone can multitask?
Sorry Apple, I’m not a fanboy but… You guys make me chuckle
Umm guys and gals, it’s NOT Microsoft they’re after this time… it’s Google.
This is Apple realizing they can’t shoot Google in the head and get away with murder, so they’re shooting Google in the kneecaps and calling it self-defense instead saying Google trespassed on their turf.
I just can’t believe this. I really hope Apple doesn’t think they have a case… this is ridiculous! It seems like Apple is just whining like a child.
@lallen3 – Of course. Apple could never outlast Microsoft’s deep pockets. Hit Microsoft by hitting the smaller guy.
I just realized something. This is about the Open vs Closed systems fight all over again, just on the Smartphone field instead of the desktop OS field. Apple lost that fight to Windows and I hope they lost this fight to Android.
Ok, so CRApple uses an open system (linux) to make an os. Either the mac os or the iphony os. Yet they give nothing back to the community. They lock their products down so much you cant even decide what applications you want on your phone. How is that giving consumers what they want? You cant even change the background on the dang thing. Paying for copy and paste? That came for free on my Moto Q, which was years before the iphony.
They are telling people what they want, not offering it to them. They just want money, by only allowing it on ATT, which is the most expensive provider. These lawsuits do that. They didnt patent tech, they patented ideas, which is absurd that it actually passed the patent office. Guess they used a little of that $40b to pay someone off, obviously.
HTC is coming out with smarter and better tech than Apple ever has. Apple tried to patent having contacts on the homescreen, my freaking WinMo 5 phone had that, come on. Apple is scared to go after the big guy cuz they know they will get reamed with a plunger and no lube. It is obvious they are going after Android and Google.
They are mentioning the WinMo phones as they are using the Sense ui, which is Android in a WinMo friendly form. Apple has no where else to go with the iphone, they cant do anything more with it as they crippled it so much. not allowing multitasking (how do you patent a technology you refuse to use????????) and having a limited shell is the death of the iphony…HTC will continue to run them into the ground as they can do so much more with their designs, and apple is pissed about it. Being trendy is biting them in the booty big time.
“The ‘849 Patent, entitled “Unlocking A Device By Performing Gestures On An Unlock Image,” was duly and legally issued on February 2, 2010 by the United States Patent and Trademark Office. A copy of the ‘849 Patent is attached hereto as Exhibit C.”
This patent was issued 4 weeks ago. I thought one of the requirements of a patent being granted was the lack of a competing product or technology already in use. Either way this is a blatant attempt at patenting something for the specific use of litigation. If they were so worried about their lock screen they would have patented it before the iphony even came out. I can only hope the apple fanboys see this as the reason they hate M$ so much. Apple is doing exactly what their fanboys are so against.
Maybe I can go patent a “lateral user input device designed to electronically control hydrocarbon premixture adjustment into an internally combusted power plant”… Gas pedal.
It sure smells Like the same kind of whiny lawsuit ATT brought against Verizon when they were crying cause Verizon was teasing them about their (lack of) 3G coverage. gald to still see those “map” comercials. LOL
Hmmm.. isn’t Samsung or LG suing Apple for the same reason? for stealing their paten on cell phones? i know i read that somewere but cant remember the actual company… The truth is that Android is beating Apple in all directions. Google will coner this market plain an simple ..Microsoft win 7 is nice but its to late as everyone will see soon enough. And Apple comes out with the fckn IPAD ???? come on …no wonder Google is winning the race .. oh yeah and when Google releases their desktop OS, Apple will be a has been …
@rgildoss –
yes here it is …its Nokia thats is sueing Apple ..
http://www.engadget.com/2009/10/22/nokia-sues-apple-says-iphone-infringes-ten-patents/
So with all this said, Apple Doesn’t have the money to Win against HTC why ? Because HTC, Microsoft and Google are a team if you think about it….
And That team is killing the iphone………….Sorry apple you suck anyway lol……
@namopereht –
It takes years for patents to be issued after an application is filed. The patent in question (Patent No. 7,657,849) was filed December 23, 2005, but not issued until February 2, 2010. December 23, 2005 is the date for determination of originality. Originality defined as a non-obvious invention that is not part of the prior art.
In most fields, obvious extensions of the prior art are common and overly broad claims are the norm. Many patents are invalidated when they are challenged.
heck i used the gesture control on my palm tx… which was out wayyy before the iphony
I hope they can find prior art for these various patents. I think patent law is a bit broken when it comes to modern technologies. ‘Obviousness’ needs to be expanded to include logical progression of new technology. For instance, if you invent the hammer, you shouldn’t be able to patent ‘smashing things with a hammer’. Or if you invent an anti-gravity generator, you shouldn’t be able to patent ‘using anti-gravity generator for improving vehicle fuel efficiency’. These are all obvious things once the new technology is created.
didn’t Jobs steal from xerox?? kinda ironic don’t you think
United States Patent No. 5,519,867 entitled “Object-Oriented Multitasking System,” issued on May 21, 1996…
didn’t know it could multitask?? hmmmm
haha, these comments make me laugh, cause i agree with 99% of them. apple thinks their being “original” and “innovative”, not to mention “the inventor” of multi-touch etc.
if i remember correctly, apple bought the rights or something for the multi-touch technology back before the iphone and ipod touch first came out, from a technology company in germany. i dont remember specifics, because this was a while ago, but my point is, they claim that there coming up with and inventing new, innovative and original technology, when really there “buying”, (or however you wish to phrase it,) the technology from other companys, and calling it there own. “apple made the first touch screen phone” i once heard someone say. i was like…”no. no they did not.” in some opinions, apple may have made it more popular, more well known, and more “cool”, but they arent original.
dont get me wrong, i personaly dont mind the iphone, however, i would never pay full price for one. i would at most pay for a broken one for developing. my mom has an iphone, i lost my mind when she said that she got one, i was like…”NOOO!!!” i am a windows fan, and most likely always will be. apple products are over rated and over priced.
apple should admit defeat.
@ChrisCicc –
Good point.. but they don’t want to sue Microsoft because Microsoft saved their ass a few years back and has money in them..
i hope this doesnt go though. screw apple! another reason why i hate apple!
Apple is scared of being left behind by HTC in the market by its products and designs…
HTC has come with some great phones recently such as HTC HD2, which is a pain in apple’s ass lol
This phone is one of its kind….
1 ghz of processing speed, 512 Rom, 448 ram and 4.3 inches of screen ? come on man! you must be kidding (Said by Steve Jobs) jk hahahah
HTC will come up with something even better than HTC HD2 in future then what will we (Apple) do ? (Said by Steve jobs) jk hahahah
I’m pretty sure that Apple will lose this case shamefully, because all they are saying is an act of frustration.
Go HTC! Go HTC! kick apple’s ass!!!!!!! lol
They won 2
http://fosspatents.blogspot.com/2011/07/itc-judge-finds-htc-in-infringement-of.html
@Dr.8820
yeah i just read that doc thats pretty fudged up ..