Google responds to Apple's HTC lawsuit: 'We stand behind our Android operating system'
By Nilay Patel 
posted March 3rd 2010 11:23AM
posted March 3rd 2010 11:23AM
We're quite curious to see whether this means Google will contribute money and/or manpower to HTC's legal defense -- we'd bet we'll see some of Eric Schmidt's crew at the table when this thing finally hits a courtroom. In related news, HTC 's posted up a short, more formal version of the statement we received yesterday, saying that it "believes that consumer choice is a key component to success in the smartphone industry," and that it doesn't think the suit "poses a short-term material impact to its business." That makes sense, seeing as it'll be weeks before HTC even files a response to the suit, and months -- if not years -- before it's resolved. We'll see how it goes."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."
Microsoft need to suit Apple too
@techlord apple will go broke if that happen ^^^
@techlord Apple should sue Microsoft... Would be very funny...
But why the hell Apple sue HTC and not Google?
Why the hell Apple sur HTC and not LG, Acer, Asus, Sony, Samsung, Motorola...
@djlemmings
Nexus One and upcoming Nexus One launches. I'm guessing apple is afraid of the momentum...otherwise why would it take them this long to file a suit?
@victor We will see... Anyway Apple did a big mistake here I think. Now everybody knows that they are officially afraid of Android!
@djlemmings
Googles OS is open source.. meaning the patent is not being violated until they SELL the product.... Google doesn't SELL its OS... its free.. HTC sells the phone with the OS however, thus violating the patent.
@techlord
What kind of suit should Microsoft give to Apple? Three piece?
I hope Google sends and army in to help HTC. I just hope Apple goes after Palm as well so Apple can be at war with Google, HTC, Nokia, and Palm.
Pretty soon Apple will invade Russia in the winter.
Idiots.
@corylulu Well, you don't need to sell stuff to get into patent violation... Linux had some troubles in the days... Remember the "gif" stuff with CompuServe years ago!
@corylulu Doesn't Google sell the nexus one?
@corylulu
Bingo. finally, someone who understands.
@techlord - I have always felt that Palm should sue Apple. Apple claims they did so much and paved the way but there is really nothing I could do on an iPhone that I couldn't do on a Treo650 that came out years before the iPhone was a thought.
@treats
LMAO
happens every time when you get to big for your lederhosen.
@djlemmings
Samsung and LG makes Apple's hardware. no way in hell Apple will sue their semi conductor suppliers
@corylulu
Google sells the nexus one.. so are they not violating the patent as well by what u say??
@treats you do know that a law suit is not an actual declaration of war with guns n' s hit? right?
@corylulu Patent rights are "make, use, sell," amigo. If Apple wanted to sue Google for Android it could. It's just paperwork, after all.
@Edobe
Well if you look at it that way... T-Mobile would be getting sued for selling all T-M android phones....
HTC still sells the product...
Besides... Google has a portfolio of patents.... HTC really doesnt.... big companies trade the patent rights.... no rights to trade.... you get sued..
@techlord
For what?
Why should MS sue Apple?
Because Apple is winning? If the roles were reversed here everyone would be happy and cheering on HTC.
But because it's big bad Apple then everyone loses their freaking minds...
As for Googles response it doesn't seem to strong. In fact it seems quit meh to me. Why bother? Unless they are busy prepping and just wanted to get a short statement out there.
Anyways I'm on Apples side and I hope they win. Regardless I'll still be a loyal customer of theirs. (at least when it comes to phones and POSSIBLY the tablet).
However I don't want Apple to win if it doesn't have a legal standing.
In addition this will NOT in anyway affect Apples reputation. People who are loyal will continue to buy Apple products. Those that are statisfied have no reason to be angry because of tihs move. Not to mention most consumers don't read Gizmodo or Engadget so they won't hear of this much less even care...
@Nilay Patel
But, Apple going all out against Google itself is unlikely. Against HTC they have at least a chance of winning. Or, at least they think they do.
I was hoping that Google would step in for HTC. I could sue HTC. They have almost no money (comparatively speaking of course) and they are in desperate need of a law and patent team (check out the career section of HTC. HTC would be an easy company for Apple to take down, but with Googles own army of lawyers, HTC should be left alone. Apple cant compete with Google, and it would only be a matter of time before Google first meets with the Apple law team and pulls Gmail, Sync, and G Maps from Apples ecosystem.
Nobody likes desperation.
@TheRogueFFAngel
Yeah keep advertising this cult of Apple followers, and as soon as we care we'll let you know.
@corylulu Ah, what? Linux is free, and Microsoft seems to think companies using Linux owe them money. While that doesn't mean that Apple is going win money from Google, it certainly is not sound to assume that because Google is giving Android away for free they are safe from litigation. Apple = the new Microsoft?!
@corylulu So why hasn't Apple sued Motorola for the Droid?
@corylulu No, no t-mobile subsidizes phones like the htc my touch.
The Nexus One is the Google Nexus One, not the htc Nexus one.
@Sean Connery
Don't forget youtube. Everyone forgets youtube. If Google pulled youtube along with the apps you mentioned, well...Let's just say that considering the state of iPhone/iPad flash support (or the lack of it), i think youtube is the app Apple doesn't wan't to lose.
I mean, everything google has can be substituted.
Search - Bing
GMail - Yahoo/MobileMe
Maps - again Bing
But youtube...
There is no substitute to youtube.
@snkaniff - Google does not sell the Nexus One, the RE-sell the Nexus One. It's an important distinction in patent lawsuits. HTC makes the equipment and sells it to Google, who then resell it to consumers and wireless providers.
Patent lawsuits almost always go for the primary sources of any violations first anyhow, which in this case would be the equipment manufacturer. Easier target, and if you stop the supply you kill the flow of the competitive product that has you cowering behind your lawyer's skirts. Plus, they are hoping to "make an example" out of HTC to scare off others. Assuming, of course, that they can win their arguments, which is highly unlikely.
@corylulu
That doesn't sound right. remember SCO vs IBM? SCO said IBM made its tech open source and free. If Google is freely distributing similar IP to what Apple has in the iPhone, then it's infringement as well.
@Edobe
You have to make the product and sell it. Google is most likely signed on as a reseller of the Nexus One. HTC probably pays Google a licensing fee for their logo, but not the OS.
That's probably why HTC is able to release phones like the Nexus One without google branding. The product is owned and supported by HTC and Google is one of the sales channels.
However, based on my experience, my guess is that Apple has several innovations up their sleeve coming up shortly and this is a preemptive warning that they will come hard after anyone trying to copy their software.
Not sure if anyone followed the Nokia v. Apple suit. But it was essentially about Nokia wanting to cross license Apple patents. Nokia realized that Apple had very specific implementation patents for key features. When Apple was unwilling to do so, they sued Apple to get them to the bargaining table and cross license.
HTC like most if not all Taiwanese and Korean manufacturers have no problems with copying patents, weakening the competition and then negotiating good deals ala Samsung v. Sharp, Samsung v. Pioneer...Apple was smart and went hard after HTC before they got too big and institutionalized copying and patent infringement like Samsung and LG did v. their Japanese competitors.
Nokia v. Apple is an example of Nokia wanting to do the right thing - license an Apple developed feature, but Apple not wanting to share it.
Apple v HTC is an example of Apple wanting to prevent a company from playing fast and loose with patent violation.
On another note..
Apple v. MSFT+HP was an example of poor judgment by Apple
IF Apple truly wants to compete with Android in the sales derby all they have to do is offer their phone on all networks. They have no product in almost 70% of the market! As of today, the Andorid targetable market in the US is almost 3x as large as Apple. It's amazing that Apple has 17% or so of the TOTAL smartphone market in the US while being available on a single network. That's a pretty remarkable penetration rate.
@corylulu
You don't know Steve Jobs .... he will never cross license his patent portfolio - he has zero interest in that. BTW this is perhaps one of the first times Apple has been litigious in the patent realm (Nokia suit was filed in defense of a suit initiated by Nokia). Apple is sued many, many times each year for patent infringement (read SEC filings) hence Apple is perfectly entitled to sue when it is aggrieved after all the creation (billions in R&D - just how much does HTC spend on R&D? If the slide to open was so obvious then why disn't any smartphone vendor implement it before?) and maintenance (maintenance fees alone on patents are astronomical in Apple's case given the great number of patents it holds in various jurisdictions).
@TheRogueFFAngel This just shows the state of capitalism, those with the most can afford to keep it that way. :(
@corylulu
You don't need to "SELL" to infringe a patent. Mere usage infringes patents. I own a patent.
If you have to SELL to infringe patents, then NGOs can do whatever they like with anyone's ideas, afterall they are not selling but giving it away free.
@corylulu
Who sells Nexus One? Google itself.
@Edobe Google needs to pull Maps and Search off the iPhone and iPad by coming up with an excuse for breach of contract. Doing so would knock Apple down a few pegs and possibly get them to treat their developers and partners a little bit better.
Suing HTC hurts Google as much as it does HTC, because any changes HTC will need to make to avoid further infringement will likely be in Android's code. If Google stopped partnering with Apple completely, Apple would quickly start to rot.
@Edobe
HTC manufactures it. Apple is probably going for HTC first so they have a stronger leg to stand on before going after google, or perhaps because of the whole board member thing heh. could go either way
@Midnitte I do agree that it seems that HTC is first. It's like they're sticking their foot in the water to test it (going against HTC) before they dive in (Take on Google). So if they lose here no biggie, however, if they take on Google and lose they're screwed.
@paul34
Yes, three piece with pinstripes.
@ericlmccormick
"but there is really nothing I could do on an iPhone that I couldn't do on a Treo650 that came out years before the iPhone was a thought."
you really have to be joking here. or youve never even touched an iphone.
back in its day, the 650 was a great phone (i actually owned one). but its nothing compared to this generation of smart phones, much less the iphone.
@zelannii
@corylulu
But you are not paying for the OS, you are paying for the hardware. IF HTC sold it as a blank slate on which you could flash any Mobile OS, then the hardware would be the same price.
@PrezBO
I wonder if Motorola hasn't released the 2.1 update(which would include some more multi-touch abilities) for the Droid yet because it anticipated this backlash from Apple? Seeing how Motorola has been struggling financially a bit in the past couple of years, maybe they want to let HTC and Google battle it out first and save some attorney fees? While I would understand that stance if that were the case from a fiscal standpoint, as the owner of a Droid who's tired of waiting for said update I would like to call them chickens along with making clucking sounds and flapping my arms in a manner which mimics the aforementioned cowardly animal. That is, if Motorola's delay was in fact for that reason. (Insert more clucking sounds here)
Oh and finally, Apple sucks, and I fart in their general direction!
@corylulu
Google also "sells" the Nexus One. In fact, they are the only place you can get it.
@Nilay Patel
He's not your amigo, compadre.
@jaffreywali
I think Nokia sued Apple first for infringing on his GSM and 3G patents, or something like that.
@Nilay Patel To use the lingo, think Google should go all Rule 24* on Apple in this case? (Or would Google back off on turning the Cold War into a shooting war**?)
I vote yes... only to see Steve Jobs poop his pants... though Apple has to expect this is in the realm of the possible.
*translation: ask the court to intervene and be named as a co-defendant to protect their own interests, which are huge here
**yes, I'm allowed to quote Canadian Bacon
@TwiggenBerries
Amazon and Ebay have them as well.
@jaffreywali
I aggree your points. Apple made biggest mistake selling iphone on a single network only. Iphone's limited availability for ATT forced customers to other options like android, palm, wm etc. So Apple underestimated iphone at the beginning and helped other manufacturers to come up with better products. Now they recognized their mistake but it is too late. Their only option to sue others with all possible way.
@techlord I hope Google kicks Apple's ass.They are turning into the prissy bitch of technology.
@Nilay Patel If court grant patents like the one about undervolting processor to Apple, is not a threat for Linux. I think this patent it's about a very low level work, in Linux kernef of Android.
@corylulu isnt that like saying dell should get sued for selling PC's with linux on them?
@Microdot Sure.
but list one built in app that the treo didn't have a clumsier, pathetic, hard to use version of.