Mar 17 AT 11:40 PM Taylor Wimberly 20 Comments

HTC will “fully defend itself” vs Apple

HTC has finally responded to the Apple lawsuits which claimed they infringed on 20 patents. Engadget has posted the first official press release from HTC which says the company disagrees with Apple’s actions and it will “fully defend itself”.

We won’t know the full details for several more weeks, but it is possible HTC could countersue Apple for infringing on some of their smartphone patents. We might not know who wins this dispute for several years if it goes to court, so hopefully they come to some settlement and we can move forward.

If you ask me, I think Google and HTC already delivered the first revenge nut-punch by releasing an unlocked Nexus One for AT&T (Apple’s BFF). Google could not reach a deal with AT&T (like they did with the other carriers), so they went went behind their back and released it anyways.

Check out the press release and let us know what you think HTC should do next.

The contents of the full press release:

HTC DISAGREES WITH APPLE’s ACTIONS

Seattle — March 17, 2010 — HTC Corporation today outlined its disagreement with Apple’s legal actions and reiterated its commitment to creating a portfolio of innovative smartphones that gives consumers a variety of choices. Founded in 1997 with a passion for innovation and a vision for how smartphones would change people’s lives, HTC has continually driven this vision by consistently introducing award-winning smartphones with U.S. mobile operators.

“HTC disagrees with Apple’s actions and will fully defend itself. HTC strongly advocates intellectual property protection and will continue to respect other innovators and their technologies as we have always done, but we will continue to embrace competition through our own innovation as a healthy way for consumers to get the best mobile experience possible,” said Peter Chou, chief executive officer, HTC Corporation. “From day one, HTC has focused on creating cutting-edge innovations that deliver unique value for people looking for a smartphone. In 1999 we started designing the XDA and T-Mobile Pocket PC Phone Edition, our first touch-screen smartphones, and they both shipped in 2002 with more than 50 additional HTC smartphone models shipping since then.”

The industry has recognized HTC’s contributions through a variety of awards including Fast Company’s 2010 Top 50 Most Innovative Companies and MIT Technology Review’s 2010 50 Most Innovative Companies. The GSMA also recently awarded the HTC Hero as the “Best Phone of 2009.” Some of HTC’s technology firsts include:

First Windows PDA (1998)
First Windows Phone (June 2002)
First 3G CDMA EVDO smartphone (October 2005)
First gesture-based smartphone (June 2007)
First Google Android smartphone (October 2008)
First 4G WIMAX smartphone (November 2008)

In 2009, HTC launched its branded user experience, HTC Sense. HTC Sense is focused on putting people at the center by making phones work in a more simple and natural way. This experience was fundamentally based on listening and observing how people live and communicate.

“HTC has always taken a partnership-oriented, collaborative approach to business. This has led to long-standing strategic partnerships with the top software, Internet and wireless technology companies in the industry as well as the top U.S., European and Asian mobile operators,” said Jason Mackenzie, vice president of HTC America. “It is through these relationships that we have been able to deliver the world’s most diverse series of smartphones to an even more diverse group of people around the world, recognizing that customers have very different needs.”

For more information on HTC’s history of innovation, please visit: www.htc.com/history.

Via: Engadget

Source: HTC

Taylor is the founder of Android and Me. He resides in Dallas and carries the Samsung Galaxy S 4 and HTC One as his daily devices. Ask him a question on Twitter or Google+ and he is likely to respond. | Ethics statement

    Most Tweeted This Week

  • http://Website Alexpeegs

    I’m Surprised with all of HTC achievements.
    They indeed are “quietly” brilliant.
    I hope they make it out alive :)

    • http://Website rena

      I always take a deep breath before checking comments related to patent issues. Simply, cuz it’s frustrating and amusing to see people without the slightest idea of how the patent system work, and start out bashing big corporates and the mostly innocent patent office.

      Patent infringements occur when an existing invention/patent by another that DOES NOT PREDATE the patent who claims infringement and is either identical or an obvious variation to the patented CLAIMS. So, the issue is whether the invention/patent by another with a LATER date is not an obvious variation of the granted patent or not. This is not some big corporate with lots of money stealing KNOWN ideas and crushing the little people.

      The issue of big companies buying out ideas/people and taking credit is a different issue.
      All the details scrutinized: http://bit.ly/apple-htc-lawsuit-examined

  • http://Website Hans

    “First 4G WIMAX smartphone (November 2008)”

    What phone was that? I didn’t even know 4G Wimax existed in 2008.

    • http://Website JY

      It was released for the Russian market and yes, its a WiMAX phone.

      • http://Website vic

        It was the first HTC touch HD which is the main reason it never came state wise

  • Ibakeubercakez

    Go away Apple… -.-”

  • http://sweeterskins.net Lemon

    It’s telling that the start of the press release says “HTC disagrees with Apple’s *actions* and will fully defend itself.”

    Basically – forget about the actual patents: you’re acting like a pack of dicks.

  • http://Website joe

    Well…it only takes one bad apple to ruin the bunch and this shining exsample apple has put forth is truley unbecoming. Why cant apple just stand up and say fuck you consumer and slap me in the teeth…oh and spit in my my face too! Stop acting like a poop dick apple…

  • http://Website Ubuntuhero

    I hope that Apple doesn’t make the same mistakes it did with the Microsoft lawsuit because that mistake almost crippled them for good. I suggest that they keep rolling out quality products rather than waste time and money in the courts.

  • http://forum.xda-developers.com/search.php?searchid=34963267 quicksite @XDA

    Apple has had a very aggressive record for intellectual property lawsuits…. Who would have imagined that Apple Computers (at that time) would have beaten the pants off of Apple Records, started by the Beatles? But they did.

    To go after HTC, however, especially as I have seen the facts presented so far, is not just hardball, it is frikkin nuts and arrogant. And I hope they have to spend billions of dollars in legal fees to play out their stupid game.

    As I understand it, the real underlying heart of intellectual property law when it comes to trademarks, for example, is that you MUST take aggressive actions the instant you are aware of a trademark infringement — and send a cease & desist letter to the alleged offender. The way the law works, at least in USA, is, if you don’t defend your trademark every single time, then you are tacitly acknowledging that it is not a valuable intellectual property, and thus not worthy of trademark protection. So, I have learned that sometimes aggressive actions of this nature are inititated by legal departments that operate out of “an abundance of caution”… where they are better off, in their minds, to be a little too aggressive, than not aggressive enoug… or risk losing an intellectual property for failure to defend it.

    In cases where a big company turns a blind eye and allows a small-fry company to use a trademark without company seeking to assert its claim for trademark, then later if Big Company #2 uses, knowingly or not, some component of the trademarked item, be it a slogan, or a name, or a logomark, then COmpany 1 is Shit out of luck trying to NOW claim “trademark infringement”.

    Sorry for carrying on about trademarks, when this is a patent dispute. But I supsect the same tests are applicable in the realm of patents. If you claim it, you better assert it & defend it… or you never can claim it again.

    Some of you may remember the laughs and howls when Amazon.com sued a huge list of companies claiming Amazon had the patent on “1-click checkout” for online purchases, and all these other companies would have to pay them a license fee to use similar systems.

    I am not a legal person at all, but I believe Amazon actually won that patent lawsuit… and that you see disclaimers all over the place now re variations on “1-click checkout”.

    All of this said, I think Apple, whose products I love, is an arrogant assholey corporation when it comes to this territory. And I hope HTC slaps the shit out of them and apple ends up losing this battle and paying royally for it.

    They deserve to be hurt by this kind of stupid king-of-the-mountain “we-invent-all-things” attitude.

  • quicksite

    Apple has had a very aggressive record for intellectual property lawsuits…. Who would have imagined that Apple Computers (at that time) would have beaten the pants off of Apple Records, started by the Beatles? But they did.

    To go after HTC, however, especially as I have seen the facts presented so far, is not just hardball, it is frikkin nuts and arrogant. And I hope they have to spend billions of dollars in legal fees to play out their stupid game.

    As I understand it, the real underlying heart of intellectual property law when it comes to trademarks, for example, is that you MUST take aggressive actions the instant you are aware of a trademark infringement — and send a cease & desist letter to the alleged offender. The way the law works, at least in USA, is, if you don’t defend your trademark every single time, then you are tacitly acknowledging that it is not a valuable intellectual property, and thus not worthy of trademark protection. So, I have learned that sometimes aggressive actions of this nature are inititated by legal departments who believe they are better off, in their minds, to be a little too aggressive, than not aggressive enoug… or risk losing an intellectual property for failure to defend it.

    In cases where a big company turns a blind eye and allows a small-fry company to use a trademark without company seeking to assert its claim for trademark, then later if Big Company #2 uses, knowingly or not, some component of the trademarked item, be it a slogan, or a name, or a logomark, then Company 1 is S.O.O.L trying to NOW claim “trademark infringement”.

    I supsect the same tests are applicable in the realm of patents. If you claim it, you better assert it & defend it… or you never can claim it again.

    Some of you may remember the laughs and howls when Amazon.com sued a huge list of companies claiming Amazon had the patent on “1-click checkout” for online purchases, and all these other companies would have to pay them a license fee to use similar systems.

    I am not a legal person at all, but I believe Amazon actually won that patent lawsuit… and that you see disclaimers all over the place now re variations on “1-click checkout”.

    All of this said, I think Apple, whose products I love, is an arrogant prickly corporation when it comes to this territory. And I hope HTC slaps the **** out of them and apple ends up losing this battle and paying royally for it.

    They deserve to be hurt by this kind of stupid king-of-the-mountain “we-invent-all-things” attitude.

  • http://Website Vladimir Kelman

    I agree that releasing unlocked AT&T Nexus One was the smart move of Google/HTC defence against unfair and predatory behavior of Apple/AT&T. I alredy bought this phone and would like Android fans to do the same: to ignore the “crippled” Motorola Baclflip and to buy unlocked Nexus One instead!

  • http://Website Daniel

    Revenge nut punch, ha ha I love it. Don’t forget Google TV too which looks like it will be a total AppleTV smackdown. I think they just annoyed the bear…

  • http://www.droidgamers.com ExtremeT

    Good, I’m glad they aren’t going to let themselves get pushed around by Apple and their idiotic patents. Some of those patents are so vague that they should have never been awarded in the first place to apple. I hope apple suffers more for this then they already have.

    • http://Website stillerwinter

      Yup. You are perfectly right. Its absolutly insane what you can patent today. How about 4 wheels on a box to move from one point to another. Or a long sharp metalthing to stab someone? Its ridicioulus.

  • http://Website ender

    when the iphone becomes the most popular smartphone in the mobile phone market, it seems that the most of other touch screen technology of smartphone able to belongs to it or be created by it originally only. obviously, its success doesn’t mean it can control or restrict others to invest another technology which related to touch screen.

  • http://twitter.com/AndroidsNsheep dotster

    Go, HTC, GO!

  • http://Website Brian Hageman

    Here’s how this will play out.

    1.) Apple will realize that HTC is willing go to court because HTC knows that their is prior art or other flaws in the patents
    2.) HTC will countersue alleging Apple used HTC patented technology
    3.) Apple and HTC will both realize that neither side’s patents would hold up in court and realize that they both could lose key patents in a court battle
    4.) Apple and HTC will settle under an NDA allowing each side to use the others patented technology
    5.) Apple and HTC will go on to sue other companies for the same patents that they know are not sustainable in court whenever a.) they think they can hurt a competitor b.) make some money on licensing.

    Although the way I would love to see it play out is that HTC blows up Apple’s patents, Apple blows up HTC’s patents, and everyone realizes that trying to patent using fingers as input devices is INSANE and suddenly technology leaps forward unfettered by nuisance lawsuits.

  • Pingback: Roundup: A Tale of Two Android Trademarks – Android and Me()

  • http://www.streamweedsfree.com Watch Weeds Online

    Go HTC all the way! Kick some Apple ass!

  1. AlexpeegsGuest 5 years ago

    I’m Surprised with all of HTC achievements.
    They indeed are “quietly” brilliant.
    I hope they make it out alive :)

    • renaGuest 5 years ago

      I always take a deep breath before checking comments related to patent issues. Simply, cuz it’s frustrating and amusing to see people without the slightest idea of how the patent system work, and start out bashing big corporates and the mostly innocent patent office.

      Patent infringements occur when an existing invention/patent by another that DOES NOT PREDATE the patent who claims infringement and is either identical or an obvious variation to the patented CLAIMS. So, the issue is whether the invention/patent by another with a LATER date is not an obvious variation of the granted patent or not. This is not some big corporate with lots of money stealing KNOWN ideas and crushing the little people.

      The issue of big companies buying out ideas/people and taking credit is a different issue.
      All the details scrutinized: http://bit.ly/apple-htc-lawsuit-examined

  2. HansGuest 5 years ago

    “First 4G WIMAX smartphone (November 2008)”

    What phone was that? I didn’t even know 4G Wimax existed in 2008.

    • JYGuest 5 years ago

      It was released for the Russian market and yes, its a WiMAX phone.

      • vicGuest 5 years ago

        It was the first HTC touch HD which is the main reason it never came state wise

  3. Go away Apple… -.-”

  4. LemonGuest 5 years ago

    It’s telling that the start of the press release says “HTC disagrees with Apple’s *actions* and will fully defend itself.”

    Basically – forget about the actual patents: you’re acting like a pack of dicks.

  5. joeGuest 5 years ago

    Well…it only takes one bad apple to ruin the bunch and this shining exsample apple has put forth is truley unbecoming. Why cant apple just stand up and say fuck you consumer and slap me in the teeth…oh and spit in my my face too! Stop acting like a poop dick apple…

  6. UbuntuheroGuest 5 years ago

    I hope that Apple doesn’t make the same mistakes it did with the Microsoft lawsuit because that mistake almost crippled them for good. I suggest that they keep rolling out quality products rather than waste time and money in the courts.

  7. quicksite @XDAGuest 5 years ago

    Apple has had a very aggressive record for intellectual property lawsuits…. Who would have imagined that Apple Computers (at that time) would have beaten the pants off of Apple Records, started by the Beatles? But they did.

    To go after HTC, however, especially as I have seen the facts presented so far, is not just hardball, it is frikkin nuts and arrogant. And I hope they have to spend billions of dollars in legal fees to play out their stupid game.

    As I understand it, the real underlying heart of intellectual property law when it comes to trademarks, for example, is that you MUST take aggressive actions the instant you are aware of a trademark infringement — and send a cease & desist letter to the alleged offender. The way the law works, at least in USA, is, if you don’t defend your trademark every single time, then you are tacitly acknowledging that it is not a valuable intellectual property, and thus not worthy of trademark protection. So, I have learned that sometimes aggressive actions of this nature are inititated by legal departments that operate out of “an abundance of caution”… where they are better off, in their minds, to be a little too aggressive, than not aggressive enoug… or risk losing an intellectual property for failure to defend it.

    In cases where a big company turns a blind eye and allows a small-fry company to use a trademark without company seeking to assert its claim for trademark, then later if Big Company #2 uses, knowingly or not, some component of the trademarked item, be it a slogan, or a name, or a logomark, then COmpany 1 is Shit out of luck trying to NOW claim “trademark infringement”.

    Sorry for carrying on about trademarks, when this is a patent dispute. But I supsect the same tests are applicable in the realm of patents. If you claim it, you better assert it & defend it… or you never can claim it again.

    Some of you may remember the laughs and howls when Amazon.com sued a huge list of companies claiming Amazon had the patent on “1-click checkout” for online purchases, and all these other companies would have to pay them a license fee to use similar systems.

    I am not a legal person at all, but I believe Amazon actually won that patent lawsuit… and that you see disclaimers all over the place now re variations on “1-click checkout”.

    All of this said, I think Apple, whose products I love, is an arrogant assholey corporation when it comes to this territory. And I hope HTC slaps the shit out of them and apple ends up losing this battle and paying royally for it.

    They deserve to be hurt by this kind of stupid king-of-the-mountain “we-invent-all-things” attitude.

  8. Apple has had a very aggressive record for intellectual property lawsuits…. Who would have imagined that Apple Computers (at that time) would have beaten the pants off of Apple Records, started by the Beatles? But they did.

    To go after HTC, however, especially as I have seen the facts presented so far, is not just hardball, it is frikkin nuts and arrogant. And I hope they have to spend billions of dollars in legal fees to play out their stupid game.

    As I understand it, the real underlying heart of intellectual property law when it comes to trademarks, for example, is that you MUST take aggressive actions the instant you are aware of a trademark infringement — and send a cease & desist letter to the alleged offender. The way the law works, at least in USA, is, if you don’t defend your trademark every single time, then you are tacitly acknowledging that it is not a valuable intellectual property, and thus not worthy of trademark protection. So, I have learned that sometimes aggressive actions of this nature are inititated by legal departments who believe they are better off, in their minds, to be a little too aggressive, than not aggressive enoug… or risk losing an intellectual property for failure to defend it.

    In cases where a big company turns a blind eye and allows a small-fry company to use a trademark without company seeking to assert its claim for trademark, then later if Big Company #2 uses, knowingly or not, some component of the trademarked item, be it a slogan, or a name, or a logomark, then Company 1 is S.O.O.L trying to NOW claim “trademark infringement”.

    I supsect the same tests are applicable in the realm of patents. If you claim it, you better assert it & defend it… or you never can claim it again.

    Some of you may remember the laughs and howls when Amazon.com sued a huge list of companies claiming Amazon had the patent on “1-click checkout” for online purchases, and all these other companies would have to pay them a license fee to use similar systems.

    I am not a legal person at all, but I believe Amazon actually won that patent lawsuit… and that you see disclaimers all over the place now re variations on “1-click checkout”.

    All of this said, I think Apple, whose products I love, is an arrogant prickly corporation when it comes to this territory. And I hope HTC slaps the **** out of them and apple ends up losing this battle and paying royally for it.

    They deserve to be hurt by this kind of stupid king-of-the-mountain “we-invent-all-things” attitude.

  9. Vladimir KelmanGuest 5 years ago

    I agree that releasing unlocked AT&T Nexus One was the smart move of Google/HTC defence against unfair and predatory behavior of Apple/AT&T. I alredy bought this phone and would like Android fans to do the same: to ignore the “crippled” Motorola Baclflip and to buy unlocked Nexus One instead!

  10. DanielGuest 5 years ago

    Revenge nut punch, ha ha I love it. Don’t forget Google TV too which looks like it will be a total AppleTV smackdown. I think they just annoyed the bear…

  11. ExtremeTGuest 5 years ago

    Good, I’m glad they aren’t going to let themselves get pushed around by Apple and their idiotic patents. Some of those patents are so vague that they should have never been awarded in the first place to apple. I hope apple suffers more for this then they already have.

    • stillerwinterGuest 5 years ago

      Yup. You are perfectly right. Its absolutly insane what you can patent today. How about 4 wheels on a box to move from one point to another. Or a long sharp metalthing to stab someone? Its ridicioulus.

  12. enderGuest 5 years ago

    when the iphone becomes the most popular smartphone in the mobile phone market, it seems that the most of other touch screen technology of smartphone able to belongs to it or be created by it originally only. obviously, its success doesn’t mean it can control or restrict others to invest another technology which related to touch screen.

  13. dotsterGuest 5 years ago

    Go, HTC, GO!

  14. Brian HagemanGuest 5 years ago

    Here’s how this will play out.

    1.) Apple will realize that HTC is willing go to court because HTC knows that their is prior art or other flaws in the patents
    2.) HTC will countersue alleging Apple used HTC patented technology
    3.) Apple and HTC will both realize that neither side’s patents would hold up in court and realize that they both could lose key patents in a court battle
    4.) Apple and HTC will settle under an NDA allowing each side to use the others patented technology
    5.) Apple and HTC will go on to sue other companies for the same patents that they know are not sustainable in court whenever a.) they think they can hurt a competitor b.) make some money on licensing.

    Although the way I would love to see it play out is that HTC blows up Apple’s patents, Apple blows up HTC’s patents, and everyone realizes that trying to patent using fingers as input devices is INSANE and suddenly technology leaps forward unfettered by nuisance lawsuits.

  15. Roundup: A Tale of Two Android Trademarks – Android and MeGuest 5 years ago

    [...] Comments Anish on Droid does delays: No 2.1 update todaystillerwinter on HTC will “fully defend itself” vs Applel3reak on HTC Incredible will hit Verizon stores in just 2 weeksAlexpeegs on HTC Incredible will hit [...]

  16. Watch Weeds OnlineGuest 4 years ago

    Go HTC all the way! Kick some Apple ass!