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apple Cellphone Computer htc

Apple vs HTC: a patent breakdown

Apple suing HTC over 20-odd patents before both the US District Court and the International Trade Commission has certainly caused some chaos this morning, but we thought we’d take a quick breath now that we have the complaints and tease out exactly what patents are at stake here. Of note, most of the patents were granted in the past year, but overall they span a range from 1995 to February 2. Yes, last month. That’s a pretty big gap, and most of the patents are pretty dry and technical — and none of them cover anything like pinch-to-zoom. In fact, you might remember #7,479,949, “Touch screen device, method, and graphical user interface for determining commands by applying heuristics” — we blew apart the myth that it was Apple’s “multitouch patent” back when Cupertino was making noise about Palm. It’s impossible for us to say exactly how this case is going to play out — just like the Apple / Nokia lawsuit, it could settle tomorrow, or it could last for 10 years — but what we do know is that Apple’s going after Android as much as it’s going after HTC. Some of these patents are from 15 years ago and cover OS-level behavior, so it’s hard to see how they can relate only to HTC’s implementation of Android and not Google’s OS as a whole. Yeah, it’s wild, and while we’re not going to blow out all 20 patents to sort out what they mean — not yet, anyway — we can certainly walk through the claims. Let’s see what we’ve got.

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Computer Handhelds

Apple sues HTC for infringing 20 iPhone patents

Looks like Apple’s going on the warpath, kids. Just a few months after Cupertino got into it with Nokia over phone patents, Apple’s filed suit against HTC, alleging that the company is infringing 20 patents “related to the iPhone’s user interface, underlying architecture, and hardware.” Steve, you have something to say?

“We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it,” said Steve Jobs, Apple’s CEO. “We think competition is healthy, but competitors should create their own original technology, not steal ours.”

Okay then. We’re pulling the complaint filing now, we’ll let you know the exact details as soon as we learn them.

Update: HTC just gave us a statement — this is apparently coming totally out of the blue for them, since Apple hasn’t even served the complaint yet.

We only learned of Apple’s actions based on your stories and Apple’s press release. We have not been served yet so we are in no position to comment on the claims. We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years.

Update 2: We mean it when we say this was all just filed in the past few hours — it’s not yet in the court’s systems. We just got the PDFs and put the full list of claims from the federal lawsuit below, but remember not to take the names of the patents literally or directly, since they don’t mean much. We’ll poke each one apart and tease out what’s really at stake as we go along.

Update 3: We’ve just learned that Apple submitted over 700 pages of exhibits to the District Court, which is a little nuts. In addition, the ITC complaint lists a number of specific HTC handsets as exhibits, including the Nexus One, Touch Pro, Touch Diamond, Touch Pro2, Tilt II, Pure, Imagio, Dream / G1, myTouch 3G, Hero, HD2, and Droid Eris. That’s really a full range of HTC phones, running both Android and Windows Mobile, with and without Sense / TouchFLO. Interestingly, the Android sets are specifically included because they run Android, while the WinMo sets are called out specifically for including DSP chips, not anything to do with Windows Mobile.

Apple, Complaint (PDF), ITC Complaint (PDF)