AppleInsider Staff
In a defensive move FOSS Patents' Florian Mueller called "deny-everything-and-throw-in-the-kitchen-sink," HTC brought two patent infringement counterclaims against Apple as part of the two companies' ongoing litigation in the Southern District of Florida.
The countersuits are being issued in a Motorola v. Apple case initiated in 2010 that spilled over to be consolidated with separate litigation in the same district involving HTC. Six of Apple's twelve claims in the case involve HTC.
The two patents being asserted by HTC:
- U.S. Patent No. 7,571,221 for "installation of network services in an embedded network server" From the abstract: Various systems and methods are provided for maintaining an embedded network server. In one embodiment, one method includes the steps of providing a dynamic service loader in the embedded network server, receiving a service request to install a dynamic service in the embedded network server, and installing the dynamic service in the embedded network server with the dynamic service loader. HTC claims Apple infringes this patent with devices "including but not limited to personal computers (such as the Mac Pro, MacBook Pro, MacBook Air, iMac, Mac Mini), mobile communications devices (such as the iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPhone 4S), and mobile computing devices (such as the iPod Touch, iPad, iPad 2, the new iPad)".
- U.S. Patent No. 7,120,684 for a "method and system for central management of a computer network" From the abstract: A method and system for central management of plural network clients interfaced with a network host, each network client automatically calling a login routine (20) and a start-up routine (22) associated with initiation of a login script at the network client. Configuration and start-up management can be based upon an operating system determination with several different operating systems, such as Windows 95 and Windows NT, deployed across the network. HTC claims Apple infringes this patent with "Apple Remote Desktop, Apple Profile Manager, and/or products and services that use Apple Remote Desktop and Apple Profile Manager".
While the Taiwanese firm is still looking to move the patent infringement case out of the Florida to what it perceives to be a more advantageous venue, HTC had to respond to Apple's own counterclaims.
HTC's flagship HTC One X smartphone. | Source: HTC
Mueller claims that HTC is on the prowl for patents it can acquire to leverage against Apple and sees HP as a company with intellectual property to spare. He goes on to say that there doesn't seem to be any strategic advantage for HP to be helping HTC in selling patents destined to be used against the Cupertino company.
Most recently HTC abandoned its U.S. International Trade Commission appeal over a dismissed lawsuit against Apple while a second ITC suit was challenged by the iPhone maker on claims of FRAND patent abuse. Apple went further and alleged that HTC dodged an injunction against certain handsets by making purposeful "misstatements" to U.S. Customs officials.
The once-large phone maker has fallen on tough times as evidenced by the company's announcement that it would be pulling out of the burgeoning Brazilian market after suffering poor sales performance in the region.
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Malcolm Owen
William Gallagher
Charles Martin
Christine McKee
Wesley Hilliard
Andrew Orr
34 Comments
At the current rate of decline, HTC will be out of business before this reaches a courtroom.
Apple accused again. Same as it ever was.
Apple accused again. Same as it ever was.
And we should give Apple carte blanche?
Desperation shot.. They have to buy someone else's invention to sue Apple. That's something patent trolls and Non-Practicing Entity companies do, not HTC but when you're desperate..
Desperation shot..
They have to buy someone else's invention to sue Apple. That's something patent trolls and Non-Practicing Entity companies do, not HTC but when you're desperate..
All of these guys have been stretching patent definitions with the lawsuits. Note when Apple is sued first, they just look for something that they think will stick as infringement for a counter suit. Beyond that, Apple's best patents and developments originated with small companies that were bought out. I see very little differentiation between any of these guys. The article doesn't provide enough information to say HTC purchased these payments for this case. That sounds like an expensive venture. It's fully possible that other things factored in here. Patent portfolios should be more about cross licensing than litigation. It's ridiculous how much they're tying up worldwide court systems over petty squabbling. If you look at the broad interpretations applied to highly specific patents in some of these lawsuits (many of these patents granted after many rejections and revisions), every one of these companies, including Apple, is being disingenuous to some degree. I'd like to see this blow over. It would be more interesting seeing articles on actual products again rather than light reading on complex topics with comments like this formulated from too little information to make such an assertion.
Okay now I feel better :).