Sam Oliver
Judge Christopher Floyd also deemed that three of the patents asserted by Apple in the case are invalid, according to Bloomberg. The court found that a photo management patent owned by Apple is valid, but deemed that the remaining inventions — ones related to the slide-to-unlock feature, multi-touch functionality, and changing alphabets — are invalid.
Apple has asserted the same four patents against HTC in German lawsuits that are scheduled to be heard later this year. Wednesday's decision was portrayed as a "considerable defeat for Apple" by Peter Bell, an attorney at Stevens & Bolton LLP who spoke with Bloomberg and wasn't involved in the case.
The U.K. decision comes only a few days after the U.S. International Trade Commission denied Apple's emergency request seeking a customs ban of HTC smartphones. Though the ITC denied Apple's request, it is still looking into redesigned phones from the Taiwanese handset maker are infringing on Apple's patented inventions.
The U.S. case centers around a different Apple patent related to "data detectors." That invention actually predates mobile modern operating systems like iOS and Android, and first appeared in Mac OS 8 in the 1990s, allowing text with information like website and e-mail addresses to be context-sensitive.
HTC's One X smartphone
HTC smartphones shipped to America were held up by U.S. Customs for review in May after the ITC issued an injunction on the devices. But HTC developed a workaround that allowed those devices to begin trickling into the U.S.
But Apple argued to the ITC that HTC had made "misstatements" to U.S. Customs that allowed the company to dodge the injunction and have its devices sold in America.
Andrew Orr
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35 Comments
You win some, you lose some.
On to the next one.
You win some, you lose some.
On to the next one.
In this thermonuclear war, enough damage has been done to HTC already, from both Apple and Samsung.
http://htcsource.com/2012/05/htc-global-smartphone-marketshare-plummets-to-4-8-in-q1/
But Apple still needs to keep pushing if they're serious about this.
Just a question though. After the decision Apple said “Competition is healthy, but competitors should create their own original technology, not steal ours,”
Now, seeing as a judge JUST decalered three of the patents bogus and the the only valid one HTC was found NOT to infringe in any way....isn't this kinda close to contempt?
I don't know, just seems kinda like they are throwing up a middle finger to the Judge and saying 'He don't know Shiznit, that's a BS ruling, you are wrong, we are right"
I much more expected to see something more dignified like "Apple respects the court's ruling today, however, we will continue to defend our IP where we feel infringement has occurred."
Just a question though. After the decision Apple said “Competition is healthy, but competitors should create their own original technology, not steal ours,”
Now, seeing as a judge JUST decalered three of the patents bogus and the the only valid one HTC was found NOT to infringe in any way....isn't this kinda close to contempt?
I don't know, just seems kinda like they are throwing up a middle finger to the Judge and saying 'He don't know Shiznit, that's a BS ruling, you are wrong, we are right"
I much more expected to see something more dignified like "Apple respects the court's ruling today, however, we will continue to defend our IP where we feel infringement has occurred."
Apple has always presented a confident front.
We don't know this for sure, but their lawyers are probably aware of their long-term plans and the wisdom of their strategy. Courtroom decorum is one thing, but there's no reason to mince words.
If Apple feels confident and secure in their position, then they can trumpet it all they like, and probably should. Apple is an aggressive competitor and are aggressive about thejr IP, and have been since Day 1 of the company. There is no reason Apple's attitude about their position should prejudice a judge against them. So far, Apple has been the only one in these patent wars who has been able to force the competition to jump through hoops - technical or legal. And with each appearance in court, Apple sends a VERY clear message to other competitors and would-be infringers (especially smaller ones with less financial wherewithal): make VERY sure you're clear about your patents, because if you aren't, we'll be seeing each other in court, and it WON'T be a short ride.
Apple, to their credit, has demonstrated very clearly, that they are not afraid to use the court system to test the validity of competitors' patents. These actions will give everyone an opportunity to *really* see where everyone stands. Apple is keeping everyone honest. And alot of companies have never had to fess up and really determine whether what they *think* they own is actually theirs. This sort of litigation has everyone lay their cards on the table. We're seeing everyone's true colours now.
If your products and patents are legit, there's no reason they can't withstand legal tests. Apple gave fair warning in 2007 (and once again, loud and clear in 2009) that they're ready to protect their IP if necessary. We're seeing that they really meant it, and that's what the courts are there for.
That's okay. They're Hardly. True. Competition.