Apple sues HTC for infringing 20 iPhone patents
By Nilay Patel 
posted March 2nd 2010 11:38AM
posted March 2nd 2010 11:38AM
Looks like Apple's going on the warpath, kids. Just a few months after Cupertino got into it with Nokia over phone patents, Apple's filed suit against HTC, alleging that the company is infringing 20 patents "related to the iPhone's user interface, underlying architecture, and hardware." Steve, you have something to say?Okay then. We're pulling the complaint filing now, we'll let you know the exact details as soon as we learn them."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 CEO. "We think competition is healthy, but competitors should create their own original technology, not steal ours."
Update: HTC just gave us a statement -- this is apparently coming totally out of the blue for them, since Apple hasn't even served the complaint yet.
Update 2: We mean it when we say this was all just filed in the past few hours -- it's not yet in the court's systems. We just got the PDFs andWe only learned of Apple's actions based on your stories and Apple's press release. We have not been served yet so we are in no position to comment on the claims. We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years.
[We've now looked at each and every patent in both cases in-depth -- check it out here.]
Update 3: We've just learned that Apple submitted over 700 pages of exhibits to the District Court, which is a little nuts. In addition, the ITC complaint lists a number of specific HTC handsets as exhibits, including the Nexus One, Touch Pro, Touch Diamond, Touch Pro2, Tilt II, Pure, Imagio, Dream / G1, myTouch 3G, Hero, HD2, and Droid Eris. That's really a full range of HTC phones, running both Android and Windows Mobile, with and without Sense / TouchFLO. Interestingly, the Android sets are specifically included because they run Android, while the WinMo sets are called out specifically for including DSP chips, not anything to do with Windows Mobile.
@pvito. So true
Given how long HTC has been making smartphones (hint: way before Apple), I suspect they will hit back with a similar lawsuit.
I'm sure Apple thinks they know what they are doing here, but this one may come back and bite them in the ass.
@scoobydooby Apple likes competition but they just want the competition to suck really bad...
What about the Asian scientist??
@scoobydooby
Microsoft had multi-touch firrrrsssttt!!!
@scoobydooby Breaking News? I suspect Apple's gonna keep doing this.
@Billy
Wasn't it with Microsoft Surface?
@scoobydooby
Pfft.. before Apple, smartphones were WinMo trash.
Bring it on, Formosa.
@scoobydooby Would love to see the new logo with the extra bite
@TheRogueFFAngel
congratulations, that has nothing to do with the fact that microsoft had multi-touch firrrssssttt! You know you love it
@TheRogueFFAngel
I think u find that
nokia sued apple
apple sued nokia
apple sued htc
guess what happens next?
I think htc who has been around long before apple made the iphone was making smartphones do all the stuff iphone does par multi touch.
I think this was a silly idea as htc will now counter sue with more than 20 patent infringements.
@The Advanced Kind
As a Windows 7 user and a 360 Elite owner I have nothing against MS personally. I just don't think they reinvented the wheel like Apple has done and continues to do.
Again this is just another attempt by the Apple haters to vent their frustrations out. Meanwhile Apple continues rolling in the dough and laughing all the way to the bank.
Meanwhile leaving millions of satisfied customers in their wake. For all the bitching you hear on Engadget from you haters about Apple you'd think it's IMPOSSIBLE for anyone to actually LIKE the iPhone or a Mac. But that's definitely NOT the case. I love my iPhone and I know people who love their MacBooks and their iMacs, and whatever.
So really the Apple haters need to get a grip. Apple isn't the DEVIL. And they have a perfectly good reason for this lawsuit even if you're blind rage can't allow you to see it.
@gargle He then died, of course!
@scoobydooby
Being around longer does not mean they HTC invented them first.
Dont get me wrong I just sold my iphone 3GS to get a nexus one and I like competition but apple must what they are doing.
Oh while the nexus one is better than the iphone is some areas it is worse in most of the areas.
At the end of the day when we leave geeks like us out of the equation for the common man apple did make the smartphone usable even if they did not invent it. Think about the user experience and UI that apple provides. Nexus one still could not match it with better specs.
And nexus one is not the first HTC phone I have used. I had a Tmobile Pocket PC back in 2003 and AT&T tilt they both sucked
@scoobydooby
apple can kiss my a$$ ..
they were first to break rules ... after stealing bunch of stuffs from nokia they invented a phone ..
i feel apple is too creepy, after looking at those mac vs pc ad i really hate .. they patent almost everything ( regardless of use) and keeps suing everyone ..
the company is running milking those crazy macfans .. who will buy shit also if that has i infront of it ( ishit)
@sycamore714
You refer Apple as a 'Smartphone'. It's really a 'Featurephone' according to the online definition. It lacks core smartphone capabilities.
@Kbalz
What is wrong with a company defending its patents? You may not like the company or the patents they own, but that doesn't make them invalid. The courts will decide that issue.
@Accidental
You mean like using 3rd party apps directly?
@scoobydooby
If theyre going to sue HTC, theyre going to have to sue many others including Google.
@sycamore714
I'm considering the same move. Selling my 3GS for a Nexus One, once it comes in AT&T 3G bands. So, is the Nexus one all that or what?
@darkazure
Ummm no FingerTouch had the first muli-touch patent and Apple bought them and their Intellectual Property.
@Accidental
There is no industry standard definition for a smart phone. Each one has its own set of activities that he feels a smartphone should do.
For most of the people apple seems to provide the experience they are looking for this is shown by its rising market share. The revenue numbers tell it all.
@Ed T
So a company should defend its patents no matter what? And be extremely aggressive in the matter? People are not suggesting that the mere usage of a patent lawsuit is a bad thing (although filing with the ITC as well is a bit of a bitch move, as it's effectively a way to try and sue someone twice for one thing), but that filing a lawsuit against HTC, a manufacturer who has been in the game for a long time, and has rarely done something that would be considered theft of intellectual property.
Copyright and patent laws are supposed to promote the progress, not be used to stifle a company that has been extremely innovative in terms of hardware and software.
@sycamore714
The key is usually not the word "invent" but "patent". The real deal is that in the US you can patent even breathing, so there you have patent trolls all over the place. One of the funniest, Steve.
So, it is part of the game for today's Corporations and their funky lawyers. In the future there will be no room for small companies, as every deep pocketed Corp will have reasons to believe everything belongs to them, thanks mainly to legislators.
Todays US patent system barely stimulates any kind of competition. Or you grant a lot for short periods of time, or real IP for longer terms, after that... open source WTF!
@sycamore714 Ive used nexus one and found it to be a great phone. I love my iPhone more. Wondering why you sold yours to
get a nexus one.
@HerbieDerb I think not. I have used both. I still love my iPhone more. Heck I sleep next to it. Can't start my day without it. It's just user friendly and seems to do what I want easier
@scoobydooby
this seriously is bull. i think they waited specifically for google to cave in and do official multitouch so they can hit as many heads as possible. douche move, apple. real douchtastic. here's my middle finger. and guess what? im that much closer to assembling my magnificent army of ninja pirate skygeeks set to overthrow your tyrannical empire of evil. who wants to join? free nexus ones for the first 25 entrants
@skyblaze: Hahaha. 25 free Nexus (no)Ones against Apple and Steve's 40 Billion in cash + FingerTouch patents = HTC in fail mode.
@scoobydooby First of all it is not Apple that thinks they can win this case but the law firm that represents them and 2nd given the magnitude of the infringement ( 20 patents ) if this flies even for half of the patents say goodbye to HTC. Well in the US that is. And honestly did you really think that Apple is not going to protect their IP? After all they have been patenting everything they are even remotely interested in for the a long time now. It is absolutely HTCs fault for not being aware of the whole patent system that is in place in the west.
@scoobydooby
Apple does not wan't to pay a penny in license fees to any of the big names for any patents they may have.
@(Unverified)
Apples law firm doesn't care about their chances of winning, they'll be rolling in cash piles regardless. And HTC is unaware of the patent system? Yeah it's not like Taiwan doesn't have patent laws... oh wait it does. Well, it's not like HTC has been making phones since before the iPhone was a twinkle in Steve's eye, oh it has...
@scoobydooby Here's to the counter-suit, rejoice "We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years."
@Ariel Bender: except "prior art" trumps any patent.
@scoobydooby
"We only learned of Apple's actions based on your stories and Apple's press release. We have not been served yet so we are in no position to comment on the claims. We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years."
So this is basically a PR stunt by Apple as of now to try to scare HTC?
How tacky!
OK then HTC, you have 13 years of patents, I suggest you get them nice and in order and just see if Apple is willing to go down this road.
And while you are at it, see if some other handset makers want some of the action too, because this appears how Apple is going to "innovate" for the new decade.
@scoobydooby
looking at the list...alot of those are software based...shouldn't Apple be TRYING to sue Google instead? Not that they will win necessarily, but aren't they going after the wrong guys?
BTW Go Android!
@scoobydooby
Hey Apple, long before your employees even had beepers, before Palm became Palm, and before Blackberry seeds were sown, there was i-mate.
And who made those i-mates? H T C
@HerbieDerb: "If theyre going to sue HTC, theyre going to have to sue many others including Google."
More likely, they're suing HTC INSTEAD of Google, what with the former friendliness between the big A and the big G. If they can nail HTC, who doesn't have the war chest of Google, then it's kind of an end run around Google. This would give Apple more ammo if they DO decide to make a play at Google.
From looking at the docs, most of this seems to have "prior art" written all over it (no surprise given the generosity of the USPTO). This is Apple being aggressive with their coffers, because litigation costs time and money, Apple's got a bigger army than HTC.
@IceTheGreat it did until the last 6 months.
@TheRogueFFAngel
Hey can't we all just get along?
If we can't I'm suing...
@LAY
Okay, I don't know but has HTC got 13years of patents, in the USA or even in their own country. I don't recall engadget ever reporting on HTC patenting anything, not like that is the be all and end all.
To others, having not read Apple's patents, and who of us has, the ones listed didn't seem to be multi-touch related.
To a couple others. When was the last big patent legal action Apple launched beside a few iPod trademark scuffles. Creative I think. The nokia bingle is a counter-sue and really just their personal scuffle over royalties.
I think the whole patent system is a joke and I even promote anti-patents; but Apple got savaged by not patenting in the 80's so now they patent everything. They had better use them though, some of the recent ones like packaging and stuff.
A patent troll is a mob who doesn't use the patent they have waiting under the bridge to jump some poor sucker. This is patents that are being used.
Regardless, the USA patent system gves them away like toys in cereal boxes. I don't know if these are valid claims, none of us that I see commenting do, it's all just rage or love.
As for multi-touch, well apes did that one, then
maybe star trek, then finger works. Sadly the prior two didn't take advatage of patents.
Enough with patents, we all invent everything.
@gargle Dead men tell no tales.
@darkazure
Actually Applied Minds developed Touch Table way before Surface was released:
http://en.wikipedia.org/wiki/TouchTable
http://en.wikipedia.org/wiki/Microsoft_Surface
But I believe that multitouch was around even before that - 1982 at University of Toronto.
http://en.wikipedia.org/wiki/Multi-touch
@Accidental
Explain why iPhone is not a smartphone and only featurephone.
@Cy Starkman
Apple's strategy is, first one to patent and [then] sue wins.
Usually, the 1st company to sue is trying to position itself as the market leader in the technology.
@scoobydooby
To everybody here complaining about this - suck it up. Apple wouldn't bother suing if they didn't have the patents to back it up. I'm sorry that you don't like the fact that Apple has these patents but they do. Too bad.
If you think it's cool to infringe on Apple's patents, I'll be sure to steal whatever ideas you have and make money off them, because that's obviously cool with you. Right? All this outrage against Apple is insanely stupid. Every company sues to protect their patents. EVERY COMPANY.
EVERY.
COMPANY.
Was that not clear, or are you just so blinded by your hatred of Apple that you're suffering from a severe case of stupid?
Nokia is suing Apple, where's your outrage over that? Yeah, that's what I thought.
@ LAY
So basically you admit that APPLE HAS WON.
Thank You
Case Closed
So much for the Nexus One. It was never an iPhone killer. So its loss isn't that big a deal.
@IceTheGreat "This just in... Apple sues all phone companies for making phones... its claim? By "re-inventing" the phone declares Apple the only company to now make phones...more at 11!"
@TheRogueFFAngel I'm surprised you can even get a signal on your iPhone to post this nonsense, with you being so far up steve jobs' ass!
@gurkha
Well said. I think apple should fight like a man and if they really think they have a product better than anyone else , why do they need to make so many patents.
LG, nokia, samsung, sony ericsson, motorola, blackberry, dont make patent wars, its plain simple competition. cummon Mr Jobs grow up.
@Accidental
Source?