LiMo Foundation Blog

This blog provides some quick/ad-hoc comments on the Apple/HTC patent fight.

Analysis of the patents in suit, and their potential applicability to HTC product (and Android...), can be found elsewhere.

There has also been considerable speculation as to Apple’s “end game” (apparently protection of innovation may not be the motivation!)

The use by Apple of the ITC as one of the forums in which to assert their grievances/patents is noteworthy.  For those not familiar with the US International Trade Commission (“ITC”) it’s a quasi judicial/administrative body designed to prevent counterfeit (and US patent infringing) product getting into the US. Expedited process rules mean “investigations” (as cases are known) are concluded quicker, and more cost effectively, than cases in the US Courts. The ITC can’t award damages but can, if a complaint is upheld, issue an order barring the import (by the respondent – HTC here) into the US of infringing product – a draconian remedy if ever there was one!

As is usual, Apple has also issued US District Court proceedings (in Delaware) against HTC.  This is to recover damages (money...) but will take longer to conclude than the ITC case.

It’s also likely that a third battle front will be opened, by HTC, in the US Patent Office, where they could seek re-examination of some of the patents being asserted by Apple. Any successful re-examinations could, at least in part, help frustrate (or at least slow down) the ITC and Court cases.

Settlement can never be discounted in disputes such as this, but the initial soundings mean this looks unlikely in the short/mid-term.

I’ll monitor progression of this one with interest.