Mar 04 AT 2:00 PM Brian Stringfellow 25 Comments

Android momentum continues despite Apple lawsuit

Big news broke this week when Apple filed a lawsuit against HTC. Clearly, Apple’s legal team closely tracks patent infringements, but has now decided to take aim. What’s interesting about this is that for now they are only targeting HTC, a hardware manufacturer, when most of the content in the lawsuit addresses software, namely Android features.

Many Verizon customers are anxiously awaiting the arrival of the Nexus One to Big Red. Soon after, AT&T will release the HTC Desire and Dell Mini 5. Sony’s Xperia X10 could even make a surprise appearance. Coupled with Sprint and T-Mobile devices, the momentum is significant. Motorola’s Droid has made the biggest impact so far and a follow up punch with the Nexus One will potentially bring Android to millions more users. The Desire on AT&T will bring the most direct competition to the iPhone, domestically.

Until now, Android has not officially made it onto Apple’s radar screen… that is, until the Droid and Nexus One hit the market. Now however, Apple is taking notice and is prepared to take HTC, Google and Motorola to task over its patents. It will be a long, drawn out process and the impacts are unknown. In the mean time, Apple will try to put a damper on Android’s progress. The fact is, Android buzz is at an all-time high and the latest news is feeding the engine.

For their part, Google has quickly come forward to announce their support for HTC and surely, the Motorola legal team is closely following developments. While Apple is only going after the smallest player at this point, there are plenty resources to draw from in defending HTC and Android.

As with much litigation, this may very well be settled behind the scenes with money changing hands and/or undisclosed agreements while the products and technology continue to flow. Specifically, HTC is scheduled to bring its top two products to the nation’s top two carriers.

Brian has an unhealthy fascination with high tech gadgets working in the information assurance business in San Diego. Outside of work, he is often found staring into the back side of a big camera at his kids' sporting events or perched at a keyboard researching the latest developments in information technology/security and consumer electronics, but has been known to beat on drums and ride a snowboard.

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  • http://www.mobilebrazzers.com Brazzers Network For Mobile

    Day late dollar short for Apple.

    Android is unstoppable at this point, it will only get bigger and better, and they are probably just now thinking.. “hmm maybe we should have gone with more carriers, and more devices..”

    Too late- Android is a monster virus.

    Apple is pretty much pwned, and the only thing they have in their corner is their (dwindling) marketshare and the fact that their apps are currently better due to having more memory onboard.

    That will change too, and all the devs will quickly port their apps over to Android and then there wont really be a comparison..

    The great thing is that Android is backed by a financial juggernaut like Google and won’t be pushed around easily by Apples goon lawyers

    Android’s main goal right now should be getting devices to market that can handle apps the size of iPhones w/o dragging the phone down in speed.. (easily rectified by figuring out an sd card solution)

    that would be the final nail

  • http://Website Jason

    I’m loving it. Apple is picking a battle with the wrong corporate giant, and they know it! In order for Apple to be targeting HTC like this (indirectly targeting Google) you know they must be worried. I’m sick of Apple with their shady marketing and shoving DRM up people’s asses while making a phone that STILL CAN’T MULTITASK.

    These damn patents are getting pretty rediculous. I understand one needs to protect their investment, but I feel these patents are going to impede technology. Why have it so only one company can produce something when others can improve on it for the benefit of the end user?

  • http://www.digitalfruit.ee/eng/ Olavi

    In my opinion, the market is better served when there are fewer “toll roads” and economic landmines blocking innovation and competition. US patent office wants to hand out patents like candy doesn’t mean the rest of us should really care. If you can’t compete, you sue.

  • http://Website WindozeKiller

    Holy Cow are you people deluded. This is like picking a fight with a retard.

    “Android is a monster virus.”
    - yep. and I don’t know anyone who wants to get a virus. That’s why they stick with Apple. NO VIRUSES on OS X or iPhone OS.

    “The great thing is that Android is backed by a financial juggernaut like Google and won’t be pushed around easily by Apples goon lawyers”
    - It’s the justice department and legal system that will crush Android/Google. Lawyers don’t make or enforce laws. When you blatantly steal IP by sitting on a company’s board until you have all of the info you need – you’ve pretty much screwed yourself. And as of this morning Apple was worth $60 BILLION more than Google with over $20 BILLION more CASH on hand.

    “I’m sick of Apple with their shady marketing and shoving DRM up people’s asses while making a phone that STILL CAN’T MULTITASK.”
    -Shady marketing? More like “the truth hurts”.
    -As for DRM, it was the record labels that required DRM as a condition of selling Digital Tracks. You ignorant pin-heads can thank Apple for making digital downloads legal. You can then thank Apple for making the record labels unbundle albums. You can then thank Apple for pressuring the record labels to stop requiring DRM. Do your homework little boy.
    -The iPhone is perfectly capable of multitasking.

    It’s amazing how you liberal ‘tards want to just let companies like Apple work hard and produce the greatest products in the world and then steal it all and cry “Open source!, Open source!”

    I cry for your stupidity.

    • http://Website Mast3rShake

      Above post is an epic fail.

      • http://www.twitter.com/DrJeckyl Dr.Jeckyl

        And my down rank just made it go away… at least out of sight until you click.

      • http://Website WindozeKiller

        “Above post is an epic fail.”
        -nice opinion. care to elaborate? I know. you can’t.

        retard.

        “And my down rank just made it go away”

        That’s right, put your head in the sand when you can’t refute facts.

        • http://Website chomatz

          nobody’s gonna waste their time explaining things to a retard like you

    • http://Website Hans

      *ahem* “We have always been shameless about stealing great ideas.” — Steve Jobs

    • http://Website Jason

      Windoz your a moron….are you done crying? I am assuming you support the innovative cockblock that apple is. Do you remember an app called Google voice? Oh yeah that’s right you wouldn’t because apple did everything in their power to keep it off their app store. It was a incredibly innovative app and apple wanted it off because Apple feels threatened by big G. Do all you Apple followers want that kind of censorship???? Anyone want some China?

      Sometimes I wonder about you people….apple fanboys and their iArrogance.

      • http://Website WindozeKiller

        Like I said, just like picking a fight with retards.

        “Do you remember an app called Google voice? Oh yeah that’s right you wouldn’t because apple did everything in their power to keep it off their app store. It was a incredibly innovative app and apple wanted it off because Apple feels threatened by big G. Do all you Apple followers want that kind of censorship????”

        - WOW a VOIP App 4 years after Skype. That’s REAL innovation. And how DARE Apple keep it off of their App Store just because it violated the terms of the agreements in place. Blame Apple, not the developer who failed to follows the guidelines. Think a little bit. Not all censorship is bad, either. If you can’t think of an example of good censorship, then you are proving my point about being mentally challenged.

  • http://twitter.com/DrJeckyl Dr.Jeckyl

    I think Apple is skerd. These patents are so vague they need to be either refined/defined or thrown out.

  • http://Website janedowella

    wee i have allways been a htc rebel love the tech and it has gotten better, but apple wants u to pay al that money without insuring the phones money money money apple apple apple. everybody cant afford a phone that cant b ins.

  • http://wiredwonder.com agentlotek

    Wow…sounds like someone has a hard-on for Steve Jobs… Dude sounds like one of the sheep…

    • http://Website Jason

      Haha I would have to agree xD

  • http://Website BiggQ

    SCREW APPLE…. they make me sick, I was so pissed when I found out they were gonna get the palm pre considering how no other service carrier has the iphone, now they wanna attack the one company that come close to giving them a run for their money. F em, and if they win the suit and it affects android and htc users please believe apple will lose a lot of their consumers. Some of my associates used htc phones but have apple ibooks they really like both companies but apple need to check themselves before they cause more damage to themselves

  • http://Website Ken

    I have no love for Apple, I have an Android phone for a reason. I would not nor never will have a product from a company that says what i can and can not do with a product that I have purchased. If we were just leasing the phones then I could understand, but we don’t lease them, we buy them. Apple is scared now that they see what Android can do.

  • http://Website HBL

    I think HTC here is going to have to follow the same legal approach Microsoft took against Apple in the 80s/early 90s. Apple’s lawsuit against Microsoft (over “copying Apple’s UI) was thrown out because Microsoft showed that Apple had ripped off Xerox.

    It is true that Apple received an extremely broad patent covering multitouch, but that does not necessarily mean that the patent can withstand scrutiny in a court of law. The U.S. Patent Office has about 6,000 researchers for patent applications, and as you can imagine, they have a tough time recruiting talent to handle the increasingly technical applications that are flying into their inbox. The U.S. Patent Office currently has a backlog of over 1.2 million patent applications. In other words, they have yet to research or examine the voracity or claims of over 1.2 million patent applications. With only 6,000 or so researchers, the U.S. Patent Office basically employs the honor system and more-often-than-not assumes that the claims made in applications or true.

    Apple may have a multitouch patent, but there are numerous multitouch patents and applications that predate Apple’s patent (http://industry.bnet.com/technology/10001203/ui-war-brewing-microsoft-multi-touch-patent-app-predates-apples/?tag=col1;post-2411). In addition, there are currently lawsuits against Apple for patent infringement. “Over what issue?” you might ask. Multitouch.

    Read about those here:
    http://www.emc.com.tw/eng/news_1_1.asp?id=71
    http://www.nytimes.com/2009/04/09/technology/companies/09apple.html

    My personal favorite, however, is “Time-based, non-constant translation of user interface objects between states” (Patent Number 7362331). It describes the way in which a row of icons automatically rearranges when icons are added or removed. I’m pretty sure Windows computers have been doing this for years. In fact, I remember my Compaq iPAQ from 2000 doing the same thing as well.

    The motive in going after HTC first is simple. It’s a scare-tactic. It is my guess that Apple is looking to scare HTC and Android developers because of Android’s quickly increasing market share. Apple definitely sees Android as a threat. As many have noted before, this really is not about HTC. They are a proxy. Google/Android is the real target.

  • http://Website rs

    I feel Apple is acting like 3 year kid, and this kids makes/ draws some figures,sketechs,tilt the paper, And these will be considered as ideas, it will be submitted to Patent office by his Good and great Father.
    I ashamed myself (Bcos I love Apple) Apple for submitting OOP operating system as a patent, as I studied it in 1980′s. These people should give back money to inventor of C/C++ Language(+Linux).Apple should pay entire money to US Army/N/A for inventing Internet.

    One more thing, Apple should give money to China. As they invented Scripts.
    O! Apple should give money to India, as they invented “o”s.
    Last but not the least; Apple should give money to AT&T, as they invented Phones
    (Forget about Patent expiry period)

  • http://Website scott

    Ok why is everyone saying the HTC Desire is going to AT&T did i miss something???? I really hope to god AT&T DOES NOT get the Desire that would be the worst descion HTC could ever make

    • http://Website Jeb

      Why would you not want the Desire to come to AT&T? It’s an amazing and powerful phone.

  • http://Website Sam

    WindozeKiller go preach about how mad you are at google and android on your apple forum please? its the way to go people over there agree with you.

  • Pingback: A Boy And His Android » Blog Archive » Apple sues HTC again over new Sense UI features?()

  • Pingback: Apple sues HTC again over new Sense UI features? | News URL()

  1. Brazzers Network For MobileGuest 5 years ago

    Day late dollar short for Apple.

    Android is unstoppable at this point, it will only get bigger and better, and they are probably just now thinking.. “hmm maybe we should have gone with more carriers, and more devices..”

    Too late- Android is a monster virus.

    Apple is pretty much pwned, and the only thing they have in their corner is their (dwindling) marketshare and the fact that their apps are currently better due to having more memory onboard.

    That will change too, and all the devs will quickly port their apps over to Android and then there wont really be a comparison..

    The great thing is that Android is backed by a financial juggernaut like Google and won’t be pushed around easily by Apples goon lawyers

    Android’s main goal right now should be getting devices to market that can handle apps the size of iPhones w/o dragging the phone down in speed.. (easily rectified by figuring out an sd card solution)

    that would be the final nail

  2. JasonGuest 5 years ago

    I’m loving it. Apple is picking a battle with the wrong corporate giant, and they know it! In order for Apple to be targeting HTC like this (indirectly targeting Google) you know they must be worried. I’m sick of Apple with their shady marketing and shoving DRM up people’s asses while making a phone that STILL CAN’T MULTITASK.

    These damn patents are getting pretty rediculous. I understand one needs to protect their investment, but I feel these patents are going to impede technology. Why have it so only one company can produce something when others can improve on it for the benefit of the end user?

  3. OlaviGuest 5 years ago

    In my opinion, the market is better served when there are fewer “toll roads” and economic landmines blocking innovation and competition. US patent office wants to hand out patents like candy doesn’t mean the rest of us should really care. If you can’t compete, you sue.

  4. WindozeKillerGuest 5 years ago

    Holy Cow are you people deluded. This is like picking a fight with a retard.

    “Android is a monster virus.”
    - yep. and I don’t know anyone who wants to get a virus. That’s why they stick with Apple. NO VIRUSES on OS X or iPhone OS.

    “The great thing is that Android is backed by a financial juggernaut like Google and won’t be pushed around easily by Apples goon lawyers”
    - It’s the justice department and legal system that will crush Android/Google. Lawyers don’t make or enforce laws. When you blatantly steal IP by sitting on a company’s board until you have all of the info you need – you’ve pretty much screwed yourself. And as of this morning Apple was worth $60 BILLION more than Google with over $20 BILLION more CASH on hand.

    “I’m sick of Apple with their shady marketing and shoving DRM up people’s asses while making a phone that STILL CAN’T MULTITASK.”
    -Shady marketing? More like “the truth hurts”.
    -As for DRM, it was the record labels that required DRM as a condition of selling Digital Tracks. You ignorant pin-heads can thank Apple for making digital downloads legal. You can then thank Apple for making the record labels unbundle albums. You can then thank Apple for pressuring the record labels to stop requiring DRM. Do your homework little boy.
    -The iPhone is perfectly capable of multitasking.

    It’s amazing how you liberal ‘tards want to just let companies like Apple work hard and produce the greatest products in the world and then steal it all and cry “Open source!, Open source!”

    I cry for your stupidity.

    • Mast3rShakeGuest 5 years ago

      Above post is an epic fail.

      • Dr.JeckylGuest 5 years ago

        And my down rank just made it go away… at least out of sight until you click.

      • WindozeKillerGuest 5 years ago

        “Above post is an epic fail.”
        -nice opinion. care to elaborate? I know. you can’t.

        retard.

        “And my down rank just made it go away”

        That’s right, put your head in the sand when you can’t refute facts.

        • chomatzGuest 5 years ago

          nobody’s gonna waste their time explaining things to a retard like you

    • HansGuest 5 years ago

      *ahem* “We have always been shameless about stealing great ideas.” — Steve Jobs

    • JasonGuest 5 years ago

      Windoz your a moron….are you done crying? I am assuming you support the innovative cockblock that apple is. Do you remember an app called Google voice? Oh yeah that’s right you wouldn’t because apple did everything in their power to keep it off their app store. It was a incredibly innovative app and apple wanted it off because Apple feels threatened by big G. Do all you Apple followers want that kind of censorship???? Anyone want some China?

      Sometimes I wonder about you people….apple fanboys and their iArrogance.

      • WindozeKillerGuest 5 years ago

        Like I said, just like picking a fight with retards.

        “Do you remember an app called Google voice? Oh yeah that’s right you wouldn’t because apple did everything in their power to keep it off their app store. It was a incredibly innovative app and apple wanted it off because Apple feels threatened by big G. Do all you Apple followers want that kind of censorship????”

        - WOW a VOIP App 4 years after Skype. That’s REAL innovation. And how DARE Apple keep it off of their App Store just because it violated the terms of the agreements in place. Blame Apple, not the developer who failed to follows the guidelines. Think a little bit. Not all censorship is bad, either. If you can’t think of an example of good censorship, then you are proving my point about being mentally challenged.

  5. I think Apple is skerd. These patents are so vague they need to be either refined/defined or thrown out.

  6. janedowellaGuest 5 years ago

    wee i have allways been a htc rebel love the tech and it has gotten better, but apple wants u to pay al that money without insuring the phones money money money apple apple apple. everybody cant afford a phone that cant b ins.

  7. Wow…sounds like someone has a hard-on for Steve Jobs… Dude sounds like one of the sheep…

  8. BiggQGuest 5 years ago

    SCREW APPLE…. they make me sick, I was so pissed when I found out they were gonna get the palm pre considering how no other service carrier has the iphone, now they wanna attack the one company that come close to giving them a run for their money. F em, and if they win the suit and it affects android and htc users please believe apple will lose a lot of their consumers. Some of my associates used htc phones but have apple ibooks they really like both companies but apple need to check themselves before they cause more damage to themselves

  9. KenGuest 5 years ago

    I have no love for Apple, I have an Android phone for a reason. I would not nor never will have a product from a company that says what i can and can not do with a product that I have purchased. If we were just leasing the phones then I could understand, but we don’t lease them, we buy them. Apple is scared now that they see what Android can do.

  10. HBLGuest 5 years ago

    I think HTC here is going to have to follow the same legal approach Microsoft took against Apple in the 80s/early 90s. Apple’s lawsuit against Microsoft (over “copying Apple’s UI) was thrown out because Microsoft showed that Apple had ripped off Xerox.

    It is true that Apple received an extremely broad patent covering multitouch, but that does not necessarily mean that the patent can withstand scrutiny in a court of law. The U.S. Patent Office has about 6,000 researchers for patent applications, and as you can imagine, they have a tough time recruiting talent to handle the increasingly technical applications that are flying into their inbox. The U.S. Patent Office currently has a backlog of over 1.2 million patent applications. In other words, they have yet to research or examine the voracity or claims of over 1.2 million patent applications. With only 6,000 or so researchers, the U.S. Patent Office basically employs the honor system and more-often-than-not assumes that the claims made in applications or true.

    Apple may have a multitouch patent, but there are numerous multitouch patents and applications that predate Apple’s patent (http://industry.bnet.com/technology/10001203/ui-war-brewing-microsoft-multi-touch-patent-app-predates-apples/?tag=col1;post-2411). In addition, there are currently lawsuits against Apple for patent infringement. “Over what issue?” you might ask. Multitouch.

    Read about those here:
    http://www.emc.com.tw/eng/news_1_1.asp?id=71
    http://www.nytimes.com/2009/04/09/technology/companies/09apple.html

    My personal favorite, however, is “Time-based, non-constant translation of user interface objects between states” (Patent Number 7362331). It describes the way in which a row of icons automatically rearranges when icons are added or removed. I’m pretty sure Windows computers have been doing this for years. In fact, I remember my Compaq iPAQ from 2000 doing the same thing as well.

    The motive in going after HTC first is simple. It’s a scare-tactic. It is my guess that Apple is looking to scare HTC and Android developers because of Android’s quickly increasing market share. Apple definitely sees Android as a threat. As many have noted before, this really is not about HTC. They are a proxy. Google/Android is the real target.

  11. rsGuest 5 years ago

    I feel Apple is acting like 3 year kid, and this kids makes/ draws some figures,sketechs,tilt the paper, And these will be considered as ideas, it will be submitted to Patent office by his Good and great Father.
    I ashamed myself (Bcos I love Apple) Apple for submitting OOP operating system as a patent, as I studied it in 1980′s. These people should give back money to inventor of C/C++ Language(+Linux).Apple should pay entire money to US Army/N/A for inventing Internet.

    One more thing, Apple should give money to China. As they invented Scripts.
    O! Apple should give money to India, as they invented “o”s.
    Last but not the least; Apple should give money to AT&T, as they invented Phones
    (Forget about Patent expiry period)

  12. scottGuest 5 years ago

    Ok why is everyone saying the HTC Desire is going to AT&T did i miss something???? I really hope to god AT&T DOES NOT get the Desire that would be the worst descion HTC could ever make

    • JebGuest 5 years ago

      Why would you not want the Desire to come to AT&T? It’s an amazing and powerful phone.

  13. SamGuest 5 years ago

    WindozeKiller go preach about how mad you are at google and android on your apple forum please? its the way to go people over there agree with you.

  14. A Boy And His Android » Blog Archive » Apple sues HTC again over new Sense UI features?Guest 5 years ago

    [...] Android momentum continues despite Apple lawsuit [...]

  15. Apple sues HTC again over new Sense UI features? | News URLGuest 5 years ago

    [...] Android momentum continues despite Apple lawsuit [...]