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Whoa. Apple just won a potentially huge partial court victory against HTC that could force HTC to stop selling its Android phones in the US. The United States International Trade Commission ruled that HTC was infringing on a system level patent that affects HTC Android devices running Android 1.6 to 2.2.
The collection of devices in question is basically a who’s who list of Android phones in the US: Droid Incredible, Evo 4G, T-Mobile G2, Nexus One and a bunch of older Android devices. The patent that the courts ruled HTC was infringing on (#5,946,647) could be a big one too. According to Fortune, who took a deep dive into the specific patent, it works like this:
“When an iPhone receives a message that contains a phone number or an address — e-mail, Web or street — those bits of data are automatically highlighted, underlined and turned into clickable links.” [Data detectors Apple calls them]
“Click on the phone number, and the iPhone asks if you want to dial it. Click on the Web address, and it opens in Safari. Click on the street address, and Maps will display it.”
That’s potentially huge, not only because it’s an important feature of modern smartphones, but because it could mean Apple could go on to attack other Android phone makers because it’s the OS that’s infringing the patent, not the hardware. However, if HTC Android phones removed that feature (unlikely) or implement it in a different way (which we expect HTC to do), they could steer themselves out of trouble. And that’s pretty much what HTC expects to do. HTC, which has responded to this decision with a rather more cheery outlook (this is about spin between the two companies as much as anything else), reached out to us with this statement:
“This decision is a win for HTC and we are gratified that the commission affirmed the judge’s determination on the ‘721 and ‘983 patents, and reversed its decision on the ‘263 patent and partially on the ‘647 patent. We are very pleased with the determination and we respect it. However, the ‘647 patent is a small UI experience and HTC will completely remove it from all of our phones soon.”
HTC sees it as a win because it’s only been brought up on one out of the 10 claimed patent infringements, so it’s not like Apple won outright on all counts. The the patent in question is also a fixable problem, and although I’d hardly categorise the court’s decision as a win for HTC, it could have been a hell of a lot worse. If HTC doesn’t fix this issue however, the ban on HTC Android phones in the US is set to go into affect on April 19, 2012. That certainly wouldn’t be winning.
There are still some real moves left for HTC to make to avoid the import ban (a Presidential veto is an option), but this is sure setting up for a major stateside war (thermonuclear, even) between Apple and Android phone makers, much like with what’s happening with Apple and Samsung Tablets in Europe and Australia.
In the meantime, if any of our American chums want to be hooked up with some HTC Androidphones from April 19th, we’re here for you…for a small fee, naturally. [USITC, Bloomberg via The Verge]
UPDATE: Post edited since publication
HTC Already Has a Workaround For Its US Ban
HTC Could Win US iPad and iPhone 5 Sales Ban in Big Patent Win for Team Android
The HTC One X Will Land In Britain on the 5th of April
I may be mistaken but im pretty sure symbian s60 done this? can anyone think of other os’s that could do this?
my Sony Ericsson P series phones did this, that was before the icrap
My mother’s Samsung Monte (not a smartphone) does this.
So did my old Sony W715. And my old K770. And I think my old K700i did this. My father’s old Nokia 6730 classic does.
Wow, I never knew it was that widespread. However, the more I think about it the more I remember other phones doing it and im quite sure than windows mobile and palm OS could do this. It seems like a really silly patent, its been used everywhere. I wonder if hypertext could be banned because of this or word documents, I click a word document and word opens it.
That’s a good point, actually. Do suites like QuickOffice on mobile platforms do this?
If it only infringes the patent if running 1.6 to 2.2 surely they’ll still be able to sell most of their newer phones running gingerbread or ics?
As an HTC owner this makes me feel a bit Betamax’d.
Or LaserDisc’d?
LDs were awesome. Like giant rainbow frisbees or digital goodness!
HD-DVD’d even!
Yea but Betamax was technically superior to VHS and I don’t think the same can be said about HTC over Apple!
If that’s your opinion then your opinion is wrong.
ummm…
my old Nokia 6300 did this I think. At least the phone number bit anyway.
Isn’t this just a common sense feature?
I just wish Apple would fuck off, they haven’t ever done anything worthwhile that wasn’t already happening. Just seems like they show up late to the party and take all the credit even though someone else done all the work.
I don’t think you understand what a patent is.
I don’t think you understand that most things these large companies patent are bullshit and they should be beaten to death with large sticks for being such a bunch of anticompetitive tits.
I dot imagine this will inconvenience HTC too much with it affecting olders phones/OS.
Might lead to some nice fire sales too!
Won’t happen. Nothing to see here. Move along now.
HTC = High Tech Clone!
Andriod devices need to stop copying apple! :p
Like the new iOS notification system do you? isn’t it BRILLIANTLY ORIGINAL. Highlighted links in texts existed before the iPhone, this patent is bullshit and comments about HTC or anyone copying Apple are a joke.
Well the Law is the Law and if it rules in the favor of Apple then Apple are in the Clear which is more than can be said for HTC! If Apple adopt a notification system similar to others then that’s because it hasn’t been protected by copyright! It not looking good for the Android crowd! Thats without mentioning the royalties BT will be due when they get stuck in!
If you can’t beat em, sue em!
Not saying HTC are winning or anything, but Apple are obviously threatened.
The only beating @ HTC will be the audio! Tut tut, better get ready to start counting your losses after paying Apple for infringements!
Wow, what utter sensationlist tripe.
Apple actually LOST 8 of the 9 patent claims, and the 1 they won, HTC have already said they will make a software change to circumvent it.
If you carry on with this style of sensationalist FUD reporting, you will destroy ANY credibility you may have built so far.
Please Gizmodo, vet your writers, get rid of any bad-eggs before they damage your credibility beyond repair.
well said – all the reports state that Apple WON this patent case. They won on won out of 9 counts – that to me is a loss any way you look at it. In fact that is a severe beating in my book.
Infact what are sensationalist American reporters doing writing for Gizmodo UK?
Really, if I wanted to read American biased crap, I would great the American Gizmodo. The only reason I come here, is it’s usually reasonably UNBIASED and FACTUAL. However it seems this is changing. Damn you Gawker…. You really don’t understand the UK audience, you can’t just blast them with sensationalist FUD and assume they just take it all in like braindead zombies. That might work in your home country, but not here.
“sensationalist American reporters” are not reporting for Gizmodo UK. This is cross post from the Gawker published Gizmodo (US), (except for the last paragraph, which I assume was inserted by Kat).
Gizmodo UK is run and published by Future PLC. Much like other regionally based Gizmodo sites around the world that are published separately, but share stories as well.
If you click on the ‘Contact Us’ link below right, you will see who are the UK contributers… If you want to avoid “sensationalist American reporters”, then learn these names, and only read their articles!
here here well said…………
They changed the title from “HTC Android Phones Are Being Banned from the US Next Year” to “HTC Android Phones Could Be Banned from the US in April Next Year”
However it’s the whole tone of the article stinks of very little fact and lots of sensationalism.
I wonder what action Gizmodo are taking over their rouge writer.
I disagree as I have been reading American Gizmodo long before this new uk Gizmodo came about! To be honest I prefer input from all over, good to see how different regions report things, allot of people will have visited Gizmodo America for instance when they whole lost iPhone saga was being reported, I think it’s unfair to say do away with the American input without which Gizmodo Uk would not exist!
So I can’t get a HTC Hero in the US after April 2012? Sad panda.
Yes, and all the other phones mentioned in this stupid case are end of life too, not sure if any of them are still on sale and given that there is another 4 months before this ban would come into effect it is utterly pointless. Even assuming HTC are selling any phones with 1.6 or 2.2 now (unlikely) they certainly shouldn’t be in 4 months time, when the majority of high end phones should be on ICS.
Probably still selling as cheapo handsets. Problem really revolves around whether Apple goes after damages, which I assume they will.
If the quote is correct the patent states “When an iPhone receives a message”, if I am not mistaken HTC does not make iphones; you can tell this because they are reasonably priced.
Anyways I’m pretty sure I used to do this on email…. The whole patent seems to be the “slide to unlock” issue again (anyone ever use a bolt before?)
I disagree! A reasonably priced HTC phone is not on par with an iPhone but aimed more at the budget conscious market, the top end HTC phones aren’t priced to differently to the iPhone bracket!