So the iPhone vs. Google Phone war just witnessed a new assault. Apple Inc. sued HTC Corp. saying the cellphone maker is infringing on 20 patents related to its popular iPhone, the latest legal salvo fired by one smart phone maker at another.
Apple didn’t identify which HTC devices it claims infringe on its patents. The company said the patents involve the iPhone’s user interface, underlying architecture and hardware. The claims were filed both with the U.S. International Trade Commission and in federal court in Delaware.
“We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it,” said Apple Chief Executive Steve Jobs in a statement. “We think competition is healthy, but competitors should create their own original technology, not steal ours.”
An HTC spokesman declined to comment, saying the company has yet to review the lawsuit. A spokesman for Google wasn’t immediately available to comment.
HTC, which for many years toiled in the smart-phone market in anonymity, has built up its brand in the recent years thanks to its early support of Google’s Android mobile operating system. It was the first company to unveil a “Google phone,” and more recently built Google’s Nexus One smart phone that Google is selling directly to consuemrs. The company has seen success with its Hero, sold through Sprint Nextel Corp., and Droid Eris, sold through Verizon Wireless.
“Apple’s flexing their intellectual property muscle,” said Mark Kesslen, who runs the patent practice at law firm Lowenstein Sandler PC. “HTC seems to be a getting a lot of play in this space,” Mr. Kessler said. The lawsuit “is a way to slow it down.”
Android, meanwhile, has seen its small market share explode over the past year. In 2009, it had 3.9% of the market for smartphone operating systems, up from 0.5% from a year earlier. Symbian, used by Nokia, had the highest share with 47%; RIM had 20% and Apple’s iPhone software was at 14.4%.
Apple’s lawsuit against HTC underscores the competitive environment facing smartphone makers, both in the courtroom and the marketplace. The white-hot market has drawn a number of different players, and patent lawsuits have followed. While Apple’s iPhone remains the most high-profile device, many rivals are nipping at its heels.
Apple itself—as well as BlackBerry maker Research In Motion Ltd.—in January were hit with claims that their smart phones infringe on Eastman Kodak Co.’s digital-imaging technology.
In December, Apple countersued Nokia Corp., accusing the world’s biggest handset maker of infringing on 13 of its patents. Apple was responding to a lawsuit filed by Nokia in October in a U.S. court that alleged the iPhone infringed on 10 of its patents.
Apple’s ITC case against HTC is likely to proceed before the suit in federal court. Technology companies often turn to the ITC because it can come to a decision faster than the traditional federal court system. An ITC trial can come as quickly as 14 to 16 months after a complaint, while district courts tend to wait years before a judge hears the case.
via wsj
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