Apple vs HTC

[Johnly]

Because HTC lost in a court of law, does that mean they are trully out of innovation? Are they stale, is the prime time up?

 

[ericj12]

If anyone is culpable it's HTC. If I read correctly, it was HTC who broke patent law. And Apple called em on it.
Hence, had HTC NOT infringed on Apple's patent, we'd might be instead discussing how much we love or hate our newly purchased EVO LTE 4gs.
Take away: Things have a way of getting delayed once you choose to break the law. Sort of how society has set it up.
And as far as freebies are concerned, HTC is floundering financially at the moment and can't afford to give anything away. Hell they're obviously broke or they wouldn't be stealing patents

they didnt break any patent law. if they did the phones would not have cleared customs. they completely complied. apple just wanted to throw a wrench in the gears and make them have to be checked at the border and delay the launch of these phones. im not saying apple owes anyone anything tho...

 

[houstonwino]

If Apple doesn't buy up patents with no other intent than to initiate litigation, then this doesn't happen. And before anyone starts with the usual specious false equivalency arguments about how everyone does it, the relevant point is who started all of this and why. Say you don't like me, maybe because I said "specious," so you walk up and punch me in the head a couple of times, no matter how convinced of the appropriateness of your actions, when I hit back I have not committed the same act that you have. You attacked, I defended.

This feature exists in many phones, but Apple selectively went after 2 (possibly 3) phones that use it because they are far superior to their limited devices, not only in the same way that most Android phones are, but in areas where iPhones are percieved to still hold an edge of some sort, such as the screen and the camera. One of the many areas where this case was incorrectly ruled upon, imo, is that Apple's claims were being selectively applied to do harm to a competitor instead of just to enforce a case of infringement. Helping a corporation gain a competitive advantage is not the court's job.

If some HTC phones can come in with this patent violation, and other phone makers can import their phones with the feature, as well, and as has been demonstrated by the fact the phones will be in our hands today, HTC had even removed the offending code, pretending that HTC is responsible is patently and provably false. Silly and disingenuous too.

 

[Nreeldeep]

There really isn't an HTC vs. Apple. The real battle is with Samsung, which is now the world leader in devices. While HTC busys itself with patent issues and trying to regain market traction, Samsung has been flying high, especially with its galaxy line. So Samsung is the threat.

 

[Nreeldeep]

I'm willing to wager that the Galaxy 3 will easily outsell the Evo over the next quarter, even with Evo getting this head start. HTC is lost right. The 3D really? The Design really? HTC needs to get back to 2010 and the og Evo.

 

[Ry]

they didnt break any patent law. if they did the phones would not have cleared customs. they completely complied. apple just wanted to throw a wrench in the gears and make them have to be checked at the border and delay the launch of these phones. im not saying apple owes anyone anything tho...

Actually, HTC did lose a case vs. Apple. HTC was found in violation.

This is my understanding of the entire Sprint HTC EVO 4G LTE/AT&T HTC One X delay:

Last winter (or fall), the ITC ruled that HTC was in violation of an Apple patent.

HTC had until April (19th?) of this year to either negotiate a licensing fee with Apple or create a workaround. HTC elected to create a workaround.

A number of HTC One X devices made it through customs because they were sent before the the April 19th deadline.

April 19th rolls around because of the prior ruling, the new inbound HTC devices are held up at customs.

Citing my sources, I base this understanding on articles and podcasts on the Verge and Engadget.

I'm unsure of -

What is the process for HTC to show that they are now compliant? Does HTC have to set up a meeting with the USITC to go over the changes? Or does HTC just ship product in and risk the USITC stopping the product to check compliance?

Does Apple have to ask the USITC to check the devices? Or is it simply Apple reminding the USITC about the April date so the ITC can take action?

Is Apple even involved in the delay, other than winning the earlier case?

 

[Nreeldeep]

If Apple doesn't buy up patents with no other intent than to initiate litigation, then this doesn't happen. And before anyone starts with the usual specious false equivalency arguments about how everyone does it, the relevant point is who started all of this and why. Say you don't like me, maybe because I said "specious," so you walk up and punch me in the head a couple of times, no matter how convinced of the appropriateness of your actions, when I hit back I have not committed the same act that you have. You attacked, I defended.


This feature exists in many phones, but Apple selectively went after 2 (possibly 3) phones that use it because they are far superior to their limited devices, not only in the same way that most Android phones are, but in areas where iPhones are percieved to still hold an edge of some sort, such as the screen and the camera. One of the many areas where this case was incorrectly ruled upon, imo, is that Apple's claims were being selectively applied to do harm to a competitor instead of just to enforce a case of infringement. Helping a corporation gain a competitive advantage is not the court's job.

If some HTC phones can come in with this patent violation, and other phone makers can import their phones with the feature, as well, and as has been demonstrated by the fact the phones will be in our hands today, HTC had even removed the offending code, pretending that HTC is responsible is patently and provably false. Silly and disingenuous too.

As stated in your last paragraph, "patent violation," and removed "offending code." Take away: Violate patents and don't remove offending code might find you delayed at customs. HTC has hopefully learned its lesson. You think the forthcoming Galaxy 3 is gonna be held up at customs by Apple's hand? I think not. And Samsung is the true threat. Just compare sales numbers.
Move along folks. There's nothing else to see here.

 

[houstonwino]

As stated in your last paragraph, "patent violation," and removed "offending code." Take away: Violate patents and don't remove offending code might find you delayed at customs. HTC has hopefully learned its lesson. You think the forthcoming Galaxy 3 is gonna be held up at customs by Apple's hand? I think not. And Samsung is the true threat. Just compare sales numbers.
Move along folks. There's nothing else to see here.

Except that the code was already removed. That means that your cherry-picked phrase #1 is negated by cherry-picked phrase #2. And, yes, Apple will be pulling this crap again and again as often as it possibly can until it has to stop for whatever reason. Bet on it. Samsung had nothing to do with this, which is just one of the flaws with your logic as applied to this topic.