HTC sues Apple -- with Google's patents
Bloomberg reports that HTC has filed new infringement claims against Apple. Oh well, another day, another patent lawsuit, right? Except this one has a big twist: HTC is suing Apple with Google's patents.
"The nine patents originated with Palm Inc., Motorola Inc. and Openwave Systems Inc., with Google taking ownership within the past year, according to U.S. Patent and Trademark Office records," Bloomberg reports. The new infringement lawsuit has been filed in Delaware, with HTC alleging Apple's infringement of four patents originally issued to Motorola.
Many have seen Apple's patent suits against various handset makers as a proxy war against Google and its Android operating system. This latest move by HTC certainly adds credence to that characterisation of events, and it also brings to mind a question: how long before these Cold War shenanigans move aside for the main event, Apple v. Google? Since it appears Google is taking a proactive stance in the patent suits without actually initiating lawsuits itself, that might be happening sooner rather than later.
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Bloomberg reports that HTC has filed new infringement claims against Apple. Oh well, another day, another patent lawsuit, right? Except...
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I am surprised that no-one is angry that Google basically gave these to HTC for no gain, except merely to allow HTC to sue Apple. There is no intention by either company to utilise, or innovate from, these patents!
As soon as Apple finds a legal avenue with which to strike at Google directly, Mountain View is going to seriously regret giving these patents to HTC. They (HTC) won't be able to just give them back to Google because they will still be involved in litigation over those patents with Apple, leaving Google highly vulnerable (those who have taken the time to examine Motorola's portfolio do not rate the patents within very highly.)
Not that HTC could give back the patents even if they had finished litigation with them - no court in the world is going to find Apple liable to HTC for a set of patents, and then later find Apple liable to a different company for the exact same set of infringements with the exact same set of patents. So (now, after Google's actions) they can never be a shield for Google and they have no inherent threat value to Apple except via action by HTC alone.
And AGAIN Google has decided to favour some Android manufacturers over others. As if the Motorola deal wasn't sticking in their craws (did you see how they sent congratulations for the deal via gritted teeth?) they now have Google giving up what ought to be a shield for all of them, to just one manufacturer!
i think google should grow a PAIR and fight their own battles....at least apple has the balls to sue who ever when ever and even when they are not right hahaha
September 08 2011 at 3:41 PM Report abuse Permalink +1 rate up rate down ReplyHowever much trouble Apple gets in, they have it coming, being the biggest patent troll of all...They started this fight and don't play especially fair themselves. (distorted comparison-pictures... Really?) Apple is acting like a big old Microsoft trampling the competition, so there'll be a lot of crap like this flying around the next couple of years.
September 08 2011 at 1:00 AM Report abuse Permalink -8 rate up rate down ReplyI think these lawsuits should only be allowed if the company that is suing had the patents when they were first violated. If they belonged to another company at the time, then they shouldn't be able to sue someone.
Patent trolls... kill them with fire.
I think the world would be a better place if patents were non-transferrable. With a herd of patent trolls out there - only big companies have any chance of surviving (let alone accomplishing anything.)
September 07 2011 at 11:40 PM Report abuse Permalink +2 rate up rate down ReplyWhile I agree with the sentiment of annoyance at patent trolls, I disagree with the idea of non-transferable patents. The whole point of the patent system is to stimulate innovation - if you invent something, you have the rights to it. The problem with non-transferability is that someone may have an incredible idea but not have the means to put it into production.
What if tomorrow morning you have an amazing idea about how to make cars run 20% more efficiently. Well, you're certainly not going to start your own car company so without some method of transferability, your idea will either never be seen or if it is, you won't be compensated. Also, if a huge corporation violates your patent, you're likely to be unable to wage the appropriate legal battle using your own resources.
Licensing patents is the same principle as transferring ownership, just possibly on a smaller scale. In the US, patents expire after 17-20 years, so granting an exclusive license to your patent for 20 years is the exact same thing as selling it outright.
While the news typically covers patent battles between huge corporations, the underlying structure makes it possible for anyone to participate in the process.
So, is Google in on the thing, or is HTC just pointing and yelling, "I'm telling on you!" I mean, how and why do you sue for infringement of patents you don't own? Wouldn't they need Google's permission? And if so, why doesn't Google just fight their own damned battle?
Does not compute.
Oh, never mind... HTC actually acquired the patents in question from Google last week. You might have mentioned THAT little nugget there, TUAW.
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