Last Friday, the U.S. international trade commission found that the HTC smartphones violated two patents for Apple on multimedia content processing and treatment of information from an email. Florian Mueller, an analyst for the FOSS Patents blog believes that these two technologies take root in the operating system of Google and not from HTC codes, which could be very damaging to the editor. Manufacturer of course appealed this decision and a special commission will decide on December 6, 2011. If the Taiwanese is guilty, it could prohibit the export of its terminals in the U.S. market.It is a decision that surprised, because Apple was given loser since that one of the Councillors of the ITC gave an unfavourable opinion from the firm Apple (cf. "A symbolic victory for Nokia against Apple"). Case Friday dealt the ten patent infringement which has been the subject of a complaint lodged in March 2010.The answer of HTC did not do wait. "Will vigorously fight the two remaining patents in appealing to the ITC Commissioners who will take their final decision." The manufacturer then attempted to downplay the importance of this decision by stating that it is "to one step among many others in the legal procedure".
However, the stakes of this case are huge, because it is sufficient that HTC is recognized guilty of violating one of the two patents to prohibit the sale of its terminals to the United States. The ramifications of such a decision would be equally important. Apple would have strong arguments to file a complaint against other manufacturers and in other countries.
Indeed, as suggested by several analysts, including Mr. Mueller is cited by the LA Times, the technology would be specific to Google. This means that Apple could prohibit all smartphones Android using the codes in question and that the solution is to rewrite the software considered illegal is not a simple matter because the editor will have to design a parade and deploy it to all relevant terminal before that sales can resume.The two patents that give winning Apple were filed in 1994 and 1996, i.e. well before the commercialization of smartphones, which explains their fundamental and speculation as to their scope. They have been designed for computers, but are broad enough to be applied to mobile terminals.
Reminder, manufacturers of smartphones are entangled in complex legal battles are mark industry. Apple accused Samsung of the copy, which would have pushed him to abandon the Korean for the manufacture of its processors ARM (see "TSMC would produce processors Apple A6"). In addition, Cupertino has paid an unknown amount to Nokia in exchange for the abandonment of judicial proceedings and an exchange of patents.
Microsoft has convinced HTC to pay $ 5 for each smartphone Android sold in exchange for not not the trainer in the courts. There is doubt, however, the company Apple wishes to negotiate a settlement agreement for the time being. Indeed, Redmond is now completely overtaken by the new world of mobile operating systems. It has for the moment no popular system for Tablet and Steve Ballmer admitted that sales of Windows Phone 7, who arrived later were disappointing (see "400 million Windows 7 licenses in nature"). It thus has interest to make a profit on Android. iOS is however in a position of strength and Android is a serious rival. Cupertino may prefer see terminals Android banned the market rather than receive a commission on their sales. A settlement agreement is not impossible, but it remains unlikely. Whatever happens, the disputes between the Apple and HTC are not completed. The father of iOS, laid new complaints last week against HTC believing that the firm violated five new patents on information scrolling, zooming and rotation of the screen.
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