Aug 29 AT 2:07 PM Nick Gray 24 Comments

Cher Wang claims Android camp is not defeated, HTC will not settle with Apple


Despite Apple’s victory over Samsung last week, new comments from HTC’s chairwoman, Cher Wang, suggest that the company has no intention of settling with Apple. Apple and Samsung have accused each other of infringing on multiple utility and system patents, but HTC has not been accused of copying any of Apple’s design patents, which proved to be a major setback for Samsung.

“Samsung’s defeat does not mean that Google Inc’s Android camp is defeated,” Cher Wang explained before this week’s APEC Business Advisory Council meeting. She later added that “every company has good innovations,” suggesting that HTC  is confident that Apple is infringing on some of HTC’s intellectual property.

Apple does have the upper hand in the HTC versus Apple case, since the ITC did find that HTC was infringing on at least one of Apple’s patents. The ITC decision did lead to an import ban on HTC products, which was quickly resolved with a software patch. At this point it’s not clear who will come out on top, but we feel HTC is in a much better position than Samsung was at the start of its trial.

Do you think HTC should settle its patent disputes with Apple out of court, or should they let their fate be decided by a jury?

Via: The Verge

Source: Cynes

Nick is a tech enthusiast who has a soft spot for HTC and its devices. Nick joined the Android and Me family in the summer of 2010.

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  • jaxidian

    I think HTC should give Apple the middle finger. And I think Google needs to be move involved in these cases whether on the defensive or on the offensive (you know, the best defense is a good offense).

  • M3rc Nate

    Its hard to follow all this (Apple vs ___ android company) and care because it is so blatantly obvious that these lawsuits are coming from people who think like Steve Jobs (or are suing specifically because its what he wished for). Not even coming from a Android lover’s position but just as a human being, he sounds like he was a Ahole, who even though he was supposedly Buddhist and all that, his heart was full of hate, proved by comments like “I will bankrupt Apple to destroy Android” because Android supposedly stole/copied from Apple. (Even though he is quoted as saying “Good artists create, Great artists steal”).

    So overall i know these lawsuits are coming from that vain, and IMO Google should get all its Android companies together in a room, find out all their strengths and weaknesses (aka where Apple is infringing on them, and where they are infringing on patents they dont own) and all together sue Apple for the ones Apple is infringing on, and at the same time remove all the things they are infringing on from Android and replace them with something good. For example, Pinch-to-Zoom…why cant it become Swivel to Zoom? you put two fingers on the screw and twist them clockwise to zoom in and counter clock wise to zoom out…

    • M3rc Nate

      *two fingers on the screen and twist

    • gmaninvan

      I like the idea of the open handset alliance making a patent sharing agreement and suing as such but the swivel to zoom wont work. Look at google maps, that motion is already used to rotate. What they could do is add a finger to make it work, three or four finger pinch might be able to skirt it.

      With that said, when Google finally gets granted the notification shade patent, I am sure Apple will be a little more receptive to negotiation lol.

    • Homncruse

      Or they could just invalidate the existing patent due to prior art.

    • Jon Garrett

      “Swivel to Zoom? you put two fingers on the screw and twist them clockwise to zoom in and counter clock wise to zoom out”

      dude !!!! patent that shit !!!! that’s a great idea.

      • M3rc Nate

        Lol well thanks guys for thinking thats such a great idea. It just makes total sense to me and TBH considering its how we zoom with things like camera lenses, it might make more sense than pinch-to-zoom.
        Yeah that could be a problem (in regards to that already being a motion on google maps). Considering nothing will come from this, i’ll just leave it at that instead of brainstorming a way for it to stiil work.

        All i can say is thank goodness the suit about the tablets copying the ipad didnt get validated. Like people are saying, its ridiculousness that you can patent or say you own a rectangle or square with round edges. Whole Patent system needs to be re-done.

    • cheeto

      “Swivel to zoom instead of pinch to zoom” is a fucking great idea. But you better pantent it before apple steals that idea and sues for it. Props for that idea man!

  • cdg864

    I think HTC should wait until September 16 when they’ll have the option of having the hearing in front of a bunch of technical and patent experts (the Patent Trial & Appeal Board)!

    • jaxidian

      What happens on September 16?

  • YMS123

    You can’t deny the Galaxy S looks like the 3gs iphone, but HTC devices never looked anything made by Apple, they’ll be fine

  • Tarwin

    Well, I think we all know that HTC in general doesn’t have to worry about being sued over Trade Dress or design patents. Utility ones maybe but it also depends where, and by whom. Wasn’t the bounce-back patent invalidated in the UK? Didn’t Samsung remove the link/phone tapping functionality from the SIII which HTC was found to be infringing in the US but conserved it in the EU version?

    Frankly I think (like many others), that many of Apple’s wins against Samsung only happened because of the geographical location of the trial and the jury selected. Hell, even an interview with one of the jurors explaining why they ignored prior art shows that they didn’t understand exactly how prior art is supposed to work (the article’s here on AndroidandMe).

    Also, I seem to remember some other company suing (I think they sued apple but I can’t remember any of the details) for pinch to zoom. I think it was a patent troll that did so but that it had been successful. As I said, I can’t remember the details.

    For some things there are work-arounds. Hell, Samsung has an alternative zooming method as it is. (The tilt to zoom with two fingers on the screen).

    And what about track pads? They have pinch to zoom. Synaptics also makes touch screen controllers. If they have a right to use pinch to zoom wouldn’t that mean that anyone using their tech would then by default be allowed to have pinch to zoom?

    Also, M3rc Nate makes a good point. Getting Google to help coordinate these companies would be a good thing. Maybe not put them in the same room (they might not be too happy about sharing all the details about their defenses and vulnerabilities) but have Google act as go-between, coordinating and helping them plan (while promising confidentiality). That way they could maybe provide each other with protection and cross-licensing patents (for use with Android only so as not to take away some of their defenses in other fieldds).

    But yeah, I applaud HTC for standing up for themselves.

    • masterpfa

      Some very good points here.
      Crapple have used the bully boy practice regarding patents in the past and playing the legal game of delaying until other party gives up or runs out of money in the past.

      I on the whole was so impressed with how the British courts dealt with crapple and it was a shame that their ruling of getting Crapple to state publicly on their website that “Samsung Did Not Copy”
      The British courts had researched and applied Prior Art and threw Crfapples claims right out.

      Jury trials need to be avioded in complex matters such as these, as strictly speaking, they are just not qualified.

      Good show HTC and good luck as crapple always seem to have something up their sleeves (I just wish the patriotic card would stop being played)

  • David

    One thing about this has always baffled me . Am I the only person that finds Apple devices just plain ugly ? I just don’t get the mass appeal.

    • jmon

      No you are not the only one. I, too, find iOS completely stale and boring. I see more people are starting to see this also but many of them invested too much money to switch.

    • masterpfa

      The UI is plain ugly and hasn’t really changed from iOS1. Until the iP4 the designs for the ifone did not inspire and were hardly award winning designs

  • cb2000a

    It should not go before a jury trial. Just watch the video of the jury foreman in the Apple vs. Samsung case. It should only be heard by a technical panel. The Apple vs. Samsung case wasted thousands of dollars on a case that surely will be appealed and overturned, at least in part.

  • vforvortex

    Apple is suing android “based” phones that have custom UI. They dont have anything on pure android phones. And even if apple sues google, its hard to prove they are damaged by it when google doesnt make any money of the phone itself. And besides by the time the courts issue a ban, there will be a whole new line of android phones way ahead of iphone 5/new iphone.

  • Nathan D.

    I think this whole patent system is bull sh** to begin with. Also, someone needs to win a case against apple to shut them up for a while at least.

    • masterpfa

      Samsung in a sense won in the UK but that was defending themselves as opposed to winning a settlement from Crapple.

  • jmon

    Bravo, HTC! No company should yield to the evil (Apple).

  • Bryan Stoner

    Good for you HTC! I <3 you for that.

    side note: I still think these lawsuits are in an attempt to postpone the progression of android. I mean what good has Apple done, really? just looking at the change log for ios is the most underwhelming bulls**t in history. and the hardware is pretty darn outdated too. even when it comes right out of their* gate. they don't have anything "new" and they probably don't have anything actually new planned. This sounds opinionated but really, give me an exciting feature or beefed up product specs that are worth mentioning.

    • masterpfa

      That is the case it may seem they are seeking to slow down the opposition.

      Crapple win against Samsung, request then submitted by Crapple to have Samsung phones banned from sales, other manufacturers hold back on releasing phones for fear of an iAttack leaving a clear path for the ifone 5.

      Hopefully Samsung advertise the hell out of the SIII and Note II
      LG release their latest superphone, HTC decide to push with new phones and Google push more ads for the Nexus 7, Hangout etc (and successfully file the Motorola claim against Crapple) gaining a temp injunction on all Crapple mobile devices instead.

      Normally I’m happy to live and let live and allow the freedom of choice, but the ifoneys want to play dirty? Time for their own medicine

  • Scott Cote

    The HTC Update crippled the ability of my Sensation to be used in a sensible way. Part of the update removed the ability for me to receive a simple text email that has a phone number or hyper link within it, where I can tap on the link and have it launch the appropriate action (works fine for html sent as email). Tapping on a url used to launch a browser, but now I have to copy paste the url into a browser ….

    The change was bundled without warning to me the consumer when my phone updated from Android 2.3 to 3.0.

    Other than my phone being crippled – the UI looks nice. :(