There has been a new report that suggests Apple is going to have an extremely hard time invalidating HTC’s new data transmission patents, which could potentially (and also very likely) lead to an import ban on a select number of iOS devices. The Taiwanese manufacturer has most recently accused Apple of infringing on two if its different IPs that are related to wireless networking. In addition to that, the company reiterated that the patents in questions “are critical” to the use of 4G LTE connectivity. HTC ended up acquiring this patents back in April of 2011 for $75 million from ADC Telecommunications Inc. I think Apple is going to have an extremely hard time fighting this one off. I also think that it may be too late for Apple to change things in the iPhone 5. Things honestly aren’t looking good.
“I don’t care if they bought these patents to sue you or not,” Judge Thomas Pender told Apple’s lawyer. “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.”
While testimonies were given out in court yesterday, the detailed information hasn’t been released or made available to the public as of yet. That’s not all though, HTC has reportedly touted the fact that they were the first company to sell both Android and 4G handsets, and was one of the first companies “with touchscreens.” HTC America’s Vice President, Martin Fichter, pointed out the company’s prominent 4G strategy by saying “LTE products were particularly important to our strategy in 2011. We’re a pioneer in that field.” Apple has claimed that HTC does not have the proper ownership rights of these various patents, thankfully Judge Thomas Pender says that is a completely invalid argument.
At this point in the trial, it’s very unclear if these patents HTC has will be falling under FRAND law, which would require HTC to license this technology to Apple for a reasonable fee. Of course, in the corporate world that probably means hundreds of thousands of dollars. Just a guess though. It does seem pretty unlikely that Apple’s upcoming iPhone will be banned from being sold in the United States, though. I wouldn’t put it past HTC though. All we knew for now is that these lawsuits that are slowly agonizing everyone, won’t be leaving anytime soon.
source: talk android