We are screwed!

[Johnly]

Yet if an Android OEM wins a patent case vs. Apple....

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What is your point? Everyone gets dealt the same set? Nope, sorry son. This is America, and life ain't fair.

 

[kinster02]

Wow,this must really suck for those who had to pay a fee so they could upgrade early. I almost did that but something told me not to, since I only had to wait until June 1st and I normally pre order.

 

[Ry]

What is your point? Everyone gets dealt the same set? Nope, sorry son. This is America, and life ain't fair.

My point is no one should care that this issue somewhat involves Apple. Blame the system, not the players.

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[Johnly]

Can someone please explain this? Thanks.

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You bet, they are going to SEARCH it, and it is about propriety of the intellectual type. CHOW.

 

[Ry]

You bet, they are going to SEARCH it, and it is about propriety of the intellectual type. CHOW.

..seriously. What?

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[Johnly]

My point is no one should care that this issue somewhat involves Apple. Blame the system, not the players.

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I am not easy like that, I will not place blame until I have the facts. Don't hate the player, hate the game, but that is for fools. The players make the game.

 

[Johnly]

..seriously. What?

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Did you graduate college? I don't want to be insulting, and I respect you here, but I am not going to start this. Dude, move on, I get it, you disagree. I don't care, and I don't feel like teaching tonight. Besides, you hate drama queens as evidenced by your post, and I really don't associate with those "old" types. Carry on RY

 

[BigDinCA]

They'd be coming from HTC - so regardless of who's getting the device (Sprint, Best Buy, Amazon, Radio Shack), the shipment from HTC would be delayed by customs.

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Umm, you are correct - in the beginning they all come from HTC. Just as the review devices that AC and other sites have gotten came from HTC. Just like the ones that are already in warehouses and in shipping channels came from HTC. My point was that there are already lots of these phones here, including a ton for people to buy. Obviously not as many as Sprint and HTC would like to see, but phones nonetheless.

 

[Ry]

Did you graduate college? I don't want to be insulting, and I respect you here, but I am not going to start this. Dude, move on, I get it, you disagree. I don't care, and I don't feel like teaching tonight. Besides, you hate drama queens as evidenced by your post, and I really don't associate with those "old" types. Carry on RY

Seriously? I'm not going to insult you by replying with "Did you graduate college?" right back to you.

I made a point that the patent system is screwed. It's not Apple's fault. It's just how the system works. If it were an Android OEM that caused Apple products to be delayed, most of the people in this forum would be going nuts about it.

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[pteezay]

Umm, you are correct - in the beginning they all come from HTC. Just as the review devices that AC and other sites have gotten came from HTC. Just like the ones that are already in warehouses and in shipping channels came from HTC. My point was that there are already lots of these phones here, including a ton for people to buy. Obviously not as many as Sprint and HTC would like to see, but phones nonetheless.

I agree, there are phones already here. You are also correct about Phil and countless others that have been writing reviews on the phones. A a bulk of them will be delayed, but there will be phones circulating in the US this Friday. Just that most of us will have to wait. Hopefully my store will get a few. Keeping my fingers crossed.

 

[scott_0]

I was originally thinking a large number of preorders would get handled first, then larger cities and high volume Sprint stores would get some phones, but wouldnt it make sense that if the phones are held up by customs, wouldnt this say that Sprint cant legally sell the phones they already have?

 

[Johnly]

Seriously? I'm not going to insult you by replying with "Did you graduate college?" right back to you.

I made a point that the patent system is screwed. It's not Apple's fault. It's just how the system works. If it were an Android OEM that caused Apple products to be delayed, most of the people in this forum would be going nuts about it.

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It is all good dude. I agree the system is messed up.

 

[dtreo]

I was originally thinking a large number of preorders would get handled first, then larger cities and high volume Sprint stores would get some phones, but wouldnt it make sense that if the phones are held up by customs, wouldnt this say that Sprint cant legally sell the phones they already have?

Not knowing the specifics of the legal ruling, but I'm betting that Sprint would be allowed to sell any stock they have that entered the US prior to the deadline date. It sounds as though just the shipments arriving at customs on or after the deadline date require customs inspection (i.e. delay).

Disclaimer: I didn't stay at a Holiday Inn last night.

 

[houstonwino]

My point is no one should care that this issue somewhat involves Apple. Blame the system, not the players.

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Somewhat involves Apple? You're joking, right? This is 100% about their troll patent and Jobs' Android hissy fit policies.Yeah, the system in place enables them, but I think they may have abused it too badly this time. Their frivalous lawsuit binge has now affected a large number of consumers and four major corporations, causing stock prices for two of them to tumble. That won't go unnoticed or unpunished.

 

[Ry]

Somewhat involves Apple? You're joking, right? This is 100% about their troll patent and Jobs' Android hissy fit policies.Yeah, the system in place enables them, but I think they may have abused it too badly this time. Their frivalous lawsuit binge has now affected a large number of consumers and four major corporations, causing stock prices for two of them to tumble. That won't go unnoticed or unpunished.

Only because it's Apple.

If HTC won a ruling that kept iPhones sitting at customs, you all would love that.

Who is going to punish Apple for this?


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[houstonwino]

Only because it's Apple.

If HTC won a ruling that kept iPhones sitting at customs, you all would love that.

Who is going to punish Apple for this?


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The courts. This is a frivolous case that has caused quantifiable damage. I (and my attorney wife, who has worked cases like this before) expect this to definitely spawn multiple class action suits, and quite possibly an anti-trust suit. Who knows? There may be more to this than currently meets the eye, but as it currently stands, you can bet this ends up in court.

 

[Ry]

The courts. This is a frivolous case that has caused quantifiable damage. I (and my attorney wife, who has worked cases like this before) expect this to definitely spawn multiple class action suits, and quite possibly an anti-trust suit. Who knows? There may be more to this than currently meets the eye, but as it currently stands, you can bet this ends up in court.

The May 18th date hasn't arrived yet. And Sprint is allowing people who pre-ordered to cancel their orders. And Sprint has said that those that decide to keep their pre-orders will still get the device before Sprint customers that didn't pre-order.

This is an ITC issue based on a previous ruling. What can people sue over?

 

[lordsutch]

The May 18th date hasn't arrived yet. And Sprint is allowing people who pre-ordered to cancel their orders. And Sprint has said that those that decide to keep their pre-orders will still get the device before Sprint customers that didn't pre-order.

This is an ITC issue based on a previous ruling. What can people sue over?

houstonwino was referring to Apple being sued. IANAL but I'm sure HTC and Google's lawyers are currently combing the books and the records to ensure that whatever contact Apple had with Customs to instigate this seizure was on the up-and-up; if it turns out Apple filed a frivolous complaint (which, given that the AT&T One X is known not to infringe the patent and that Apple could have walked into a store and bought one off the shelf to check before complaining, seems plausible), and HTC and Google were harmed financially by the delay, a lawsuit against Apple by HTC or Google might be feasible.

One thing is certain: the lawyers on all sides are going to rack up a lot of billable hours by the time we have phones in our hands.

 

[Ry]

houstonwino was referring to Apple being sued. IANAL but I'm sure HTC and Google's lawyers are currently combing the books and the records to ensure that whatever contact Apple had with Customs to instigate this seizure was on the up-and-up; if it turns out Apple filed a frivolous complaint (which, given that the AT&T One X is known not to infringe the patent and that Apple could have walked into a store and bought one off the shelf to check before complaining, seems plausible), and HTC and Google were harmed financially by the delay, a lawsuit against Apple by HTC or Google might be feasible.

One thing is certain: the lawyers on all sides are going to rack up a lot of billable hours by the time we have phones in our hands.

Not sure if I missed that on the news posts but can you point me to where it says Apple went to Customs and asked for the stop order?

The way I've understood this situation is that Customs is just verifying that HTC isn't in violation of a patent that the ITC ruled they were in violation of on previous devices.

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[lordsutch]

Not sure if I missed that on the news posts but can you point me to where it says Apple went to Customs and asked for the stop order?

Cui bono? It's a reasonable inference from the circumstances. The odds of customs going after HTC's flagship products without also halting other shipments (such as the One S and pre-Sense 4.0 devices) that also potentially infringe the same patents are pretty low. And if new HTC devices have been on a customs watchlist since April, how did the review units make it into the U.S. in the first place?

Apple might well be completely innocent in all this. But either way HTC and Google's lawyers are going to find out one way or another, and if it turns out Apple did instigate a frivolous customs action to harm a competitor there will be serious litigation.