Free Newsletter

QUICK POLL
  • Which training workshop is of most value to your organisation?
  • Preparing your business for the Internet of Things
  • The Internet of Things and Cloud computing
  • Radio technologies for connecting the Internet of Things
  • Smart Cities and intelligent infrastructure
  • WebRTC and the end of the telco
EVENTS
Meet the leaders of the mobile app economy ? Open Mobile Summit, London, June 8-9
Navigation Strategies Europe 2011
ITU Telecom World, 24-27 October 2011 at Palexpo, Geneva, Switzerland
Ubiquitous Location and Positioning Technology, 6th-7th December 2011, Chicago
Advertize your telecoms job

Apple sues Samsung – ITC staffer says Apple patents not infringed by HTC

Apple this week, deciding that if you are in for a penny, you are in for a pound, added Samsung to the list of handset vendors that it is suing

By PETER WHITE

Published: 21 April, 2011

READ MORE:

Apple this week, deciding that if you are in for a penny, you are in for a pound, added Samsung to the list of handset vendors that it is suing. Apple says that its Galaxy handsets and tablets infringe iPhone and iPad patents and their trademarked appearance. Why is Apple making a complaint against its biggest supplier, no less than the fabricator of it A4 chip? Perhaps it feels stung by the quaint idea that Samsung should remain loyal and not compete with its designs. But more likely it is completing a set – without suing Samsung it can’t make a strong legal point against Android in general. This has the flavor of the suit Apple brought against Windows all those years ago and lost. Windows was indeed an operating system that copied many of the core design features of Apple’s environment, but was not similar enough to be a patent infringement.

The appearance and trademark claim actually made us laugh. 2011- A space Odyssey must have laid claim to a “shiny Black Obelisk,” shape when it came out in 1968, which is the same as the iPad, and if you believe the Arthur C. Clarke story, that’s been around since before the dawn of man. Not to mention the look and feel of all the Tablet PCs that were launched 10 years ago.

As we have said a few times before, Multi-touch is a genuine innovation, but not all the other patents Apple lays claim to. And you can’t have a patent and refuse to let anyone use it so that you can dominate handsets forever, and you can’t do that while failing to pay a penny for the 175 or so patents you need to build a modern handset. In our view Apple’s position is doomed, but it shouldn’t affect it that much financially even if it caves in, it’s just that it cannot harm its rivals in the courts.

The US ITC staff also seem to agree with us because they have recommended that the ITC should find that Nokia and HTC do not infringe Apple patents. A lawyer at the ITC has made the recommendation, which is highly likely to be adopted by the full body when it reaches its final verdict in early August.

Apple has been seeking to block imports of both Nokia and HTC smartphones to the US, as part of broader legal battles with the Finnish giant, and a wider attack on the Android community - also involving Motorola and now Samsung. This case is only one of several versus Nokia. Adding Samsung to it at least makes the attack consistent, though not any more powerful.

The recommendation of staff lawyers are not binding, and the ITC could vote to ignore it, but it doesn’t happen for no reason and it would be extremely unusual for the final verdict to overturn it. Last month, the ITC ruled against Apple in a separate complaint against Nokia and in March an initial determination by the ITC says that Apple doesn’t owe Nokia any royalties either on 5 particular technologies.

Pages: 1 | 2

COMMENTS

Add Comment
No comments yet. Be the first to add a comment!
MARKET PLACE

    European Carrier Mobile Broadband Network Performance

    Analysing and comparing the data speed, latency, network quality and smartphone penetration for 94 mobile carriers in 28 European countries....

    Next Generation Haptics: Market Analysis and Forecasts

    An in-depth study of the growing popularity of haptics-enabled tactile feedback on mobile devices to augment UI interactions and enrich...
WHITE PAPERS

    Satellite Phones: Will Dual Mode Help the Phoenix Rise from the Ashes?

    Satellite phones have followed an arduous path since their much-hyped launch more than a decade ago. The hype was followed by an e...

    Mobile Widget Platform Market Analysis: Understanding the Business Case and ROI

    This white paper presents an analysis of the mobile widget platform market, as well as metrics supporting a mobile carrier?s busin...

POST COMMENT

You must be a registered user to post a comment. or
Username *
Email *
Comment *