Sunday, September 9, 2012

US Federal Judge upholds HTC LTE patents against Apple

HTC is suing Apple claiming infringement on patents related to LTE technology. HTC was the first to bring a touchscreen LTE enabled model to the United States. HTC purchased the LTE patents from ADC Telecommunications in April 2011 for $75 million. Apple was trying to block use of the patents because HTC purchased them just to aggressively use them in court. 

Judge Thomas Pender shot down that argument, "I don’t care if they bought these patents to sue you or not. They are a property right. Clear and convincing means something to me. I have to be pretty darn certain a U.S. patent is invalid." 

If HTC wins the case, they will have the right to seek an import ban in the U.S. for the Apple iPhone if it comes to market with LTE connectivity, and the latest LTE enabled model of the Apple iPad. 

Samsung, reeling over its recent loss to Apple, is also planning to sue Apple for its LTE related intellectual property. 

All this is getting to be ridiculous, especially if you look at the Samsung versus Apple fight. Apple won in the US. Samsung has won in Germany, the Netherlands and the United Kingdom. The two companies came to a draw in South Korea. So, after five rounds, no clear winner, but it looks like you may get a US market which would be more restricted than the rest of the world. 

Now LTE technology will bring on a new round of battles, and I think it is likely, different jurisdictions will rule differently.

Apple started all this. They should probably be the ones to take the first moves to end it.

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