New blow for Android as HTC loses its patent case against Apple – Judge rules no infringement took place, which means another victory in the bag in its global legal battles against Google’s Android
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| Is Android heading for fall? |
Sensation maker HTC accused Apple of violating four patents, a case which it filed in May 2010 to the US based International Trade Commission, and sought to ban sales of Apple’s iPhone, iPod and iPad in the US.
But fear not Apple lovers, the ITC Judge ruled no infringement took place yesterday, meaing the iPhone 4S and friends aren’t going anywhere.
This comes as Apple have just announced stellar sales of iPhone 4S released on Friday – selling a whopping 4 million in just three days and have also just released quarter profits, reporting 85% hike in profit to $25.9bn, up 85% from the previous year.
But it has not been a good week for Android makers. Just last week a Sydney Judge upheld an interim ban on the sale of Samsung Galaxy Tab 10.1 here, pending a full trial in November.
However, HTC are still going gung-ho against its iOS rival, and are likely to appeal the case, saying:
“This is only one step of many in these legal proceedings. We are confident we have a strong case for the ITC appeals process and are fully prepared to protect our intellectual property,” said Grace Lei, HTC’s general counsel.
“We look forward to resolving this case, so we can continue creating the most innovative mobile experiences for consumers.”
However, legal experts aren’t so sure, saying the Sensation creator has failed the first ‘big hurdle’ in its battle against Cupertino, a decision which will now hold some sway in higher Federal court.
“This was an important victory for Apple,” Alexander Poltorak, chairman and CEO of the General Patent Corporation, told the E-Commerce Times “because although the decision of the ITC is not necessarily binding on the federal court, where this dispute is also being heard, it still does carry some weight.”
Patents expert Florian Mueller isn’t convinced either, calling HTC’s case as “weak.”
“To be honest, I don’t expect anything meaningful to come out of this ITC investigation. I didn’t take it seriously from the day it was filed. The patents look weak,” he wrote on his Foss Patents blog.
“HTC still has the weakest patent portfolio of the three leading Android device makers,” he added.
On Monday it emerged Samsung had made an application before an Australian Federal Court to ban the sale of the iPhone 4S here, claiming Apple violated wireless phone technologies, although no decision has yet been passed down.
Apple has filed a separate case against HTC.
