I'm not sure that I can agree with you on this, HTC should not have infringed on Apple's patent in the first place, regardless of how insignificant it may be. We can also say that Sprint was aware of the situation, so having a shipment that is necessary to fulfill your orders clearing customs so close to the date of release wasn't their brightest idea.
As far as phones being a luxury item I would like to say that although this phone for me is a significant upgrade from my ANCIENT HTC Hero that I am using now (and is on it's last leg) it is also my only phone. I do not have a home phone and I have two children so when I am alone, that my wife is out, it is my lifeline should something happen. Could I consider changing to another phone, yes, but mine is still pulling through for now and I am more than sure that I will have my next phone until my 2yrs are up. With that being said I want the EVO because I trust that HTC makes a quality product and I am sure that although new and better tech will land soon this EVO will last me until my next upgrade.
And to not forget the GREEDY comment, I am not one to say I am owed anything nor do I care what the companies decide is appropriate as long as I feel appreciated as a customer. With the way HTC/Sprint has handled the situation I do not feel appreciated or respected as a customer and I would like a show of good faith from them in some form to show me that I am a "Valued Customer" as they say.
This is the problem, you're here inciting a riot and I don't think you completely understand the situation. And you've drawn conclusions about who is at fault, whether or not they "respect you" and what they owe you.
1) These companies have
tens of thousands of patents. It's impossible to avoid being accused of infringing a patent if someone has good motive to do so. And if you look at how this went down, as is normally the case, this was just the one piece thrown against the wall that stuck. It's not smartphone-enabling technology that was so terrific that I copied it because I couldn't do without it, it's whatever I can do to slow you down. That's how the game is played.
2) Quite frequently, the thing that I have invented has nothing to do with your product, but I can make a very good case that it covers your product based on how the claims are worded. I don't really even have to prove that what I actually invented covers your product, I just have to make the words in the claim fit it in some way. And if my lawyers are better than yours, or just better on the day of the hearing, or the judge or panel just doesn't completely understand the technology, you're screwed.
3) The USPTO has absolutely no idea what they're doing with regard to awarding software patents and the majority of them should never have been issued in the first place.
4) This is a
Customs action, not a court action, and HTC believes they have removed the infringing functionality. Because of the ITC ruling, Customs is checking the product. What would you have them do? Never ship a product to the US again? Sneak them in? Demand that Customs works faster? Not only have they paid to develop the product, they've paid to manufacture the product, and they've paid to ship the product. And now all of that investment is sitting in containers at the port. Do you not think they
want you to have the phone? No, all you care about is your toy is delayed, and you want them to pay out the nose to you as well.
Rather than always looking for someone who owes you, or someone to blame, the customer could understand that neither company was anticipating they would have this issue and be understanding about it.
There are people who wake up in the morning wondering where their next meal is coming from, but here we whine because our $200 toy isn't coming exactly when we want it.
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