A U.S. Trade Commission judge has dealt a potentially fatal blow to HTC and the wider Androidcommunity by ruling that the company infringes two Apple patents with its Android devices.
Specifically, the judge found that HTC infringes patents 5,946,647 and 6,343,263. The first relates to receiving information that can then be used by a single interaction from the user, e.g. receiving a phone number, automatically highlighting it, and tapping the screen to call. The second relates to the processing of real-time data on a handset.
The issue this causes is much bigger than just impacting sales of HTC device as the patents relate to Android, not just HTC hardware. If the ruling stands, then Apple could quite rightly go after every manufacturer that uses Android, be it a smartphone or a tablet, and demand their device be banned from sale in the U.S. In effect, Apple would stop Android in its tracks and remove its biggest competitor from the field of play.
Such an outcome is still a long way off as HTC is appealing the ruling by the judge. That appeal will be reviewed by six International Trade Commission representatives, but if they agree with the ruling then it will be up to Apple what to do next. Does it demand that HTC devices can no longer be legally imported, or will the company start taking a royalty from the sale of each device in the same way Microsoft does?
Read more at VentureBeat and FOSS Patents
Matthew’s Opinion
The main difference between Apple and Microsoft in the smartphone and tablet markets is Apple already has very successful products, while Microsoft doesn’t. So Microsoft is very happy to take a royalty from its competitors, but I don’t believe Apple will do the same.
Apple will want Android gone because in its eyes, and now the eyes of a judge, Android is using its patented technology. That is unacceptable. The fact it removes a major competitor will certainly help sales too, as the only alternative will be a Microsoft or RIM-powered phone. The one thing that will stop such an outcome is if other manufacturers hold patents Apple infringes. In that case, some deal will be worked out.
For the moment, HTC will fight this ruling, and Google must get involved because it’s Android in the firing line here. If HTC lose Google lose too.
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