Apple files third ITC complaint against HTC targeting 29 new phones
The complaint was filed on Monday against HTC's latest devices, which Apple has alleged infringe on its "data tapping" patent, according to intellectual property litigation expert Florian Mueller of FOSS Patents. The latest complaint seeks an emergency proceeding targeting a total of 29 devices for allegedly infringing on Apple's data detectors patent.
That invention, U.S. Patent No. 5,946,647, previously resulted in an ITC injunction against HTC Android phones in December. The handset maker quickly developed what it said was a workaround to avoid infringement, but the importation of smartphones was still held up at U.S. Customs for review.
Now, Apple has argued that HTC is still infringing upon the '647 patent, entitled "System and Method for Performing an Action on a Structure Computer-Generated Data." The invention outlines technology for automated detection of data such as phone numbers, e-mail addresses and hyperlinks.
Apple's Advanced Technology Group invented "data detectors" in the mid-1990s. The feature fist appeared in the Mac operating system, and allowed the OS to recognized formatted data, like a phone number, within an unstructured document, enabling a user to take action upon the data recognized.
Apple has asked the ITC for an emergency proceeding and enforcement action that would prevent what it believes is further infringement from devices like the HTC One X, Sensation 4G, Evo 4G LTE and Incredible 2.
Apple's complaint also includes two screenshots from HTC's handsets as evidence that the company has not ceased infringement of the '647 patent. They show an HTC One S presenting a user with the options to open a link in a browser, copy the URL, share the link, or send it to Facebook.
Mueller noted that Apple's patented invention relates to certain operations on data structures rather than just a user interface element.
"In other words, there can be a genuine dispute over whether HTC's new implementation of the feature still falls within the scope of the patent," he wrote. "HTC apparently believes that it doesn't, while Apple believes that it does. The ITC will now have to evaluate the technology found in HTC's current products."
Late last month, HTC handsets that were held up at U.S. Customs began trickling in to the U.S. for customers to purchase. HTC said in an announcement that "some models" of its smartphones began arriving in America, but declined to say which models had passed inspection.
48 Comments
Okay, Apple wants to file against HTC. Okay. But an EMERGENCY filing....really?
Steve Jobs picked the right man to protect Apple's interests. Now, I cant speak for his "vision", but its nice to see that as always, Apple is as litigious as ever. Unless you protect what's yours vigorously, you end up with the kind of differentiation that Dell and HP have: next to nothing.
Keep up the pressure, Tim.
The industry at large has taken far too much away - far more than their fair share - from what happened in June 2007 and January 2010. It is high time that everyone's patent position is clarified via the courts.
Then we'll know where everyone stands.
[quote name="lamewing" url="/t/150511/apple-files-third-itc-patent-complaint-against-htc#post_2121903"]Okay, Apple wants to file against HTC. Okay. But an EMERGENCY filing....really? [/quote] 'Emergency' in legal filings means something different than in everyday life. Essentially, it means that if the issue is that significant damage can be done before a conventional hearing schedule would occur. [quote name="AppleInsider" url="/t/150511/apple-files-third-itc-patent-complaint-against-htc#post_2121895"]"In other words, there can be a genuine dispute over whether HTC's new implementation of the feature still falls within the scope of the patent," he wrote. "HTC apparently believes that it doesn't, while Apple believes that it does. The ITC will now have to evaluate the technology found in HTC's current products."[/quote] This is the real issue. HTC already lost the data tapping patent issue. They were given time to fix the problem. If they are found to have fixed the problem, then they're OK. If, OTOH, the commission sides with Apple, then HTC is screwed and may be in contempt of court.
This is why I'm glad software patents dont exist in Europe.
Okay, Apple wants to file against HTC. Okay. But an EMERGENCY filing....really?
Yes, because HTC was given 4 months by the ITC to make necessary modifications. If they are still infringing, should HTC be allowed another 4 months? No. This is why the emergency meeting.
When I saw the screenshots of the original vs modified "workaround" I LOL'd. Apple didn't patent the "look & feel" of the data tapping patent - they patented the core underlying functionality. It appears all HTC did was "disguise" the way it looks to the user while still retaining the underlying functionality. I have a feeling HTC could be facing an immediate ban shortly.
Anyone remember when HTC said this was a "minor feature" and easy to remove?