Sunday

Apple to sue HTC over patent infringment in landmark case

The filing – which is officially held under seal but was leaked to document sharing service Scribd – accuses Taiwanese  handset makers High Tech Computer Corp, better known as HTC, along with HTC America and Exedea Incorporated alleging that it has infringed 20 patents relating to “the iPhone’s user interface, underlying architecture and hardware”.

Among the patents that Apple alleges have been infringed are a number relating to touchscreen interfaces – for which the iPhone has become the best-known, though it was not the first, mobile device.

Apple introduced the iPhone in 2007 and did it again in 2008 with its pioneering App Store, which offers more than 150,000 mobile applications in over 90 countries. Over 40 million iPhones have been sold worldwide.

“We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it,” said Steve Jobs, Apple’s chief executive, in a statement. “We think competition is healthy, but competitors should create their own original technology, not steal ours.”

It is thought that a key element that triggered the lawsuit is that in February HTC released handsets which use “pinch-to-zoom” functionality resembling that of the iPhone.

In its response to the legal action, HTC said it had only just learned about Apple’s legal action and has not had the chance to investigate the filing. “Until we have had this opportunity, we are unable to comment on the validity of the claims being made against HTC,” it said in a statement.

In addition to making the Nexus One, the first handset to be branded by Google, HTC has also made several handsets that use Google’s Android operating system. HTC makes phones for many firms including Google and was behind the Nexus One handset. 

In response to the suit a Google commented: “We are not a party to this lawsuit. However, we stand behind our Android operating system and the partners who have helped us to develop it.”

A recent analysis  found that where lawsuits are filed both with US district courts and the International Trade Commission, plaintiffs succeed in the latter more often than the former, by 58% to 35%. If Apple suceeds at the ITC – as it is more likely to do than in the US district court -  Apple could block HTC imports of newer handsets.

The case is thought to be the first in which Apple has taken the first step in suing a rival mobile phone company, although Apple is locked in legal action with Nokia. The Finnish phone giant sued Apple for patent infringement in October 2009, alleging it had stolen patented technology. In response, Apple countersued in December 2009. The case is ongoing. 

Apple has filed a suit in the Delaware District Court and the US International Trade Commission accusing smartphone manufacturer HTC of infringing twenty iPhone-related patents held by the company.

The filing – which is officially held under seal but was leaked to document sharing service Scribd – accuses Taiwanese  handset makers High Tech Computer Corp, better known as HTC, along with HTC America and Exedea Incorporated alleging that it has infringed 20 patents relating to “the iPhone’s user interface, underlying architecture and hardware”.

Among the patents that Apple alleges have been infringed are a number relating to touchscreen interfaces – for which the iPhone has become the best-known, though it was not the first, mobile device.

Apple introduced the iPhone in 2007 and did it again in 2008 with its pioneering App Store, which offers more than 150,000 mobile applications in over 90 countries. Over 40 million iPhones have been sold worldwide.

“We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it,” said Steve Jobs, Apple’s chief executive, in a statement. “We think competition is healthy, but competitors should create their own original technology, not steal ours.”

It is thought that a key element that triggered the lawsuit is that in February HTC released handsets which use “pinch-to-zoom” functionality resembling that of the iPhone.

In its response to the legal action, HTC said it had only just learned about Apple’s legal action and has not had the chance to investigate the filing. “Until we have had this opportunity, we are unable to comment on the validity of the claims being made against HTC,” it said in a statement.

In addition to making the Nexus One, the first handset to be branded by Google, HTC has also made several handsets that use Google’s Android operating system. HTC makes phones for many firms including Google and was behind the Nexus One handset. 

In response to the suit a Google commented: “We are not a party to this lawsuit. However, we stand behind our Android operating system and the partners who have helped us to develop it.”

A recent analysis  found that where lawsuits are filed both with US district courts and the International Trade Commission, plaintiffs succeed in the latter more often than the former, by 58% to 35%. If Apple suceeds at the ITC – as it is more likely to do than in the US district court -  Apple could block HTC imports of newer handsets.

The case is thought to be the first in which Apple has taken the first step in suing a rival mobile phone company, although Apple is locked in legal action with Nokia. The Finnish phone giant sued Apple for patent infringement in October 2009, alleging it had stolen patented technology. In response, Apple countersued in December 2009. The case is ongoing.