Apple has won a preliminary ruling from a judge of the U.S. trade panel that Taiwanese handset maker HTC Corp. infringed on two patents from the California company.
The victory may mean that Apple can go after other Android phone manufacturers licensing fees, although the decision still must be ratified by a full panel. It could also allow Apple to demand a ban on imports to the U.S. against HTC by the end of the year.
HTC, which uses Google's Android operating system for its smartphones, said it "vigorously fight" the infringement found.
The risk for Android handset makers it is very likely that all Android devices infringe the patents, which were presented in 1994 and 1996, said Florian Mueller, an expert in many patent battles swirling around the smartphone business .
Apple has also filed complaints against Samsung and may be able to attack Motorola on the same basis.
The patents in question cover "system and method for performing an action on a generic data structure," U.S. Patent No. 5,946,647, filed in 1996 and awarded in 1999.
In essence, it allows elements such as email addresses or phone numbers to be recognized so that when activated by a mouse or a smart phone with a finger activates the program.
Apple implemented this idea as "data detectors", implemented by the Advanced Technology Group of Apple - Steve Jobs, which was dissolved when he took over as CEO in 1997.
Apple said the breach in detail, considering that Android has a "server analyzer" to "detect structures in data" and other details that align exactly with the outline of his patent.
The second patent, "real-time signal processing for transmission of serial data," U.S. Patent No. 6,343,263.
The patent was filed in 1994 and expires in 2019, and Apple provides a detailed breakdown of why vulnerable in court documents filed with the ITC.
The ruling came from an International Trade Commission judge on Friday, but the full committee would vote on Dec. 6 whether to keep or reverse it.
Though preliminary, the decision will be closely dissected as it is one of the first Apple and other smartphone manufacturers that use Android.
HTC and Microsoft is believed to pay $ 5 per phone licensing rights after its accession to the claims of the application of their phones, "Android infringed a number of Microsoft patents.
Microsoft has also demanded - and received - payments of at least three other companies to build products around Android in the last month.
Asked for comment by Reuters, Apple reiterated an earlier statement of work that "competitors should create their own original technology, not our stealing." In an emailed statement, HTC lawyerGrace Lei said: "We are confident that we have a strong case for the appeals process and the ITC are fully prepared to defend ourselves by all possible means."
Smartphone technology has led to a lot of patent litigation. Apple has also filed complaints against Samsung Electronics, which also uses Android software platform. Apple recently settled a case against Nokia.
Android-based smartphones have surpassed Apple's iPhones worldwide, but is preparing to launch a new iPhone this year, is likely to give a big boost.
Apple HTC initially charged with violating 10 patents, but six were withdrawn from the case for several reasons. The ITC judge ruled that HTC infringed two of the remaining four.
ITC is a popular venue for patent disputes, as they can prevent the importation of devices manufactured using offenders. Often the demands are parallel in the district courts to try to recover financial damages.
The case is in the International Trade Commission, No. 337-710.
The victory may mean that Apple can go after other Android phone manufacturers licensing fees, although the decision still must be ratified by a full panel. It could also allow Apple to demand a ban on imports to the U.S. against HTC by the end of the year.
HTC, which uses Google's Android operating system for its smartphones, said it "vigorously fight" the infringement found.
The risk for Android handset makers it is very likely that all Android devices infringe the patents, which were presented in 1994 and 1996, said Florian Mueller, an expert in many patent battles swirling around the smartphone business .
Apple has also filed complaints against Samsung and may be able to attack Motorola on the same basis.
The patents in question cover "system and method for performing an action on a generic data structure," U.S. Patent No. 5,946,647, filed in 1996 and awarded in 1999.
In essence, it allows elements such as email addresses or phone numbers to be recognized so that when activated by a mouse or a smart phone with a finger activates the program.
Apple implemented this idea as "data detectors", implemented by the Advanced Technology Group of Apple - Steve Jobs, which was dissolved when he took over as CEO in 1997.
Apple said the breach in detail, considering that Android has a "server analyzer" to "detect structures in data" and other details that align exactly with the outline of his patent.
The second patent, "real-time signal processing for transmission of serial data," U.S. Patent No. 6,343,263.
The patent was filed in 1994 and expires in 2019, and Apple provides a detailed breakdown of why vulnerable in court documents filed with the ITC.
The ruling came from an International Trade Commission judge on Friday, but the full committee would vote on Dec. 6 whether to keep or reverse it.
Though preliminary, the decision will be closely dissected as it is one of the first Apple and other smartphone manufacturers that use Android.
HTC and Microsoft is believed to pay $ 5 per phone licensing rights after its accession to the claims of the application of their phones, "Android infringed a number of Microsoft patents.
Microsoft has also demanded - and received - payments of at least three other companies to build products around Android in the last month.
Asked for comment by Reuters, Apple reiterated an earlier statement of work that "competitors should create their own original technology, not our stealing." In an emailed statement, HTC lawyerGrace Lei said: "We are confident that we have a strong case for the appeals process and the ITC are fully prepared to defend ourselves by all possible means."
Smartphone technology has led to a lot of patent litigation. Apple has also filed complaints against Samsung Electronics, which also uses Android software platform. Apple recently settled a case against Nokia.
Android-based smartphones have surpassed Apple's iPhones worldwide, but is preparing to launch a new iPhone this year, is likely to give a big boost.
Apple HTC initially charged with violating 10 patents, but six were withdrawn from the case for several reasons. The ITC judge ruled that HTC infringed two of the remaining four.
ITC is a popular venue for patent disputes, as they can prevent the importation of devices manufactured using offenders. Often the demands are parallel in the district courts to try to recover financial damages.
The case is in the International Trade Commission, No. 337-710.
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