Posts Tagged ‘mobile patents’

HTC Breaks a Patent Owned by Apple

Thursday, December 22nd, 2011

HTC a Taiwanese smartphone maker had violated some patent owned by Apple. Judge verdicts that some HTC devices use Google Android operating systems contravene a patent owned by Apple last July. ITC (International Trade Commission) takes over on the most monitored patent issue in the world.

HTC devices may not be imported in US after April 19, 2012 due to the patent violation involvement. This will surely affect the international trading of HTC to America.

40% of HTC smartpones distributed in North America were sold out and most of them were using Google’s Android Operating System. According to a firm market researcher, Gartner, HTC made a hit and sold many smartphones more than the iPhone and Samsung by the third quarter.

Ban on some HTC smartphones would be a blow since they were on the top of the sales. The Taiwanese smartphone maker informed investors to expect their revenue for the upcoming quarter would be less than last year. HTC had already lost nearly two-thirds of the share since May.

Not only HTC is on a battle of Patent infringement, also HTC said that Apple also had violated patent they owned, Samsung over Apple and Apple over Samsung. This battle was call “the first Global Patent War” as said by Joshua Walker – the Lex Machina Chairman.

Samsung claimed that iPhone 4, 4s and iPad had violated some patent day owned last December 16, 2011. On the same day, ITC had spoken to review about Apple if they had infringed any patent owned by HTC.
Samsung Galaxy Tab 10.1 was banned in Germany after Apple claimed that the handset violated some of Apple’s patent.
Smoot-Hawley or Tariff Act of 1930 stated that the ITC may ban imports that infringe American patents and for which an American industry exists. That’s why ITC ruled the patent issue being involved by 3 giant smartphone makers.

According to an Intellectual Property specialist Eric Schweibenz, that ITC has the advantage to be appealed by the American district courts.

Schweibenz predicted that the decision will not go beyond 2 years or more but 16 months rather. “Light-speed compared with a district court” he said.

However, the battle between HTC and Apple is just the beginning of global patent war including Samsung. They have their own opinion and beliefs and will defend themselves to prove that one of them had never violated one’s patent. (c) 2011