As the patent war continues there was some interesting news this weekend as a judge has ruled in favor of Apple in an appeal regarding Apples 263 patent. The 263 patent is believed to be at the core of Android and focus around real time API’s.
The 6 member ITC had ruled against HTC in a patent matter regarding “data detectors”. That’s the patent that HTC has until April to correct or risk losing the importation of HTC devices to the United States. HTC says they’ll be able to become compliant with the ITC’s ruling with a software update.
More after the break
The 263 patent was originally part of Apple’s claim against HTC but the 6 member ITC reached a final ruling and decision and ruled that HTC hadn’t violated that patent. However Judge Richard A. Posner doesn’t agree. Posner issued the following statement in his written order in regard to the patent:
“I therefore construe ‘realtime application program interface’ in claim 1 of the ‘263 patent to mean an ‘API that allows realtime interaction between two or more sub-systems,”
Apple contends that when Google’s VP of Engineering and Android creator Andy Rubin began his career at Apple he worked as a low level engineer on the exact same things found in the 263 patent. Patent blogger Florian Mueller seems to think that Android could be in big trouble over this patent.
Mueller, a self proclaimed patent expert, reported on this matter on his Foss Patents blog.