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New iPhone™ may get banned in USA


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Old 10-09-2012, 23:20
Everything Goes
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The New iPhone™ may get banned over 4G patent litigation by HTC.

Karma's a bitch

http://www.theregister.co.uk/2012/09...le_htc_patent/

http://www.businessweek.com/news/201...alid-judge-say
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Old 10-09-2012, 23:27
poshbakerloo
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haha this made me laugh!
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Old 10-09-2012, 23:29
mogzyboy
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Can we stop the trademark signs after 'iPhone' - really unnecessary.
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Old 10-09-2012, 23:40
daclick
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Lol love it
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Old 10-09-2012, 23:44
whoever,hey
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I might not like apple any more, but this is till a stupid abuse of americas patent system.

Large transfer of data isn't allowed now over LTE?

This is what a mess the patent system is in!
In a court filing, HTC said it bought the patents, which ADC said were being infringed by Apple, “to protect itself and its customers from these aggressive tactics and to preserve its ability to compete in the United States.”
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Old 11-09-2012, 00:35
munta
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It seems like this is another FRAND patent that HTC (like Samsung) are trying to sue Apple with. Apple themselves have a counter claim arguing that HTC are abusing the FRAND patents.

http://www.engadget.com/2012/06/22/a...e-to-frand-li/

I think that HTC are very unlikely to win this one.
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Old 11-09-2012, 00:44
Voynich
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More stupid patent nonsense!
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Old 11-09-2012, 01:14
munta
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I've just read some interesting comments on The register. I won't bother linking to them as I haven't found anything 'official' to back up the claims. However, someone is claiming that the situation is like this.

HTC bought a company (ADC) for $75m in order to own the patents that they are suing Apple over. No problem with that. Apple are claiming that ADC were not only involved in the standards procedures for 4G but that these two patents are included in the standard. As such, ADC have

1 - hidden information from the standards body so the patents were either included in FRAND or so that a work around was devolved for the standard
2 - refused to licence to Apple when it is impossible to have 4G without those patents

So it's entirely possible that the patents will be found to be invalid or that HTC MUST licence them to Apple on FRAND terms. Its also possible that both HTC and ADC will be investigated regading anti trust.

If true, then I really can't see apple losing this one at all.

Edit: I've managed to find thorough analysis of apples claims I mentioned above.

http://www.fosspatents.com/2012/07/h...t-license.html
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Old 11-09-2012, 07:45
psionic
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It's extremely unlikely that HTC will get anything out of this but a huge legal bill. Not that their lawyers mind.
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Old 11-09-2012, 10:40
IvanIV
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Even if it only gives those patent cowboys from Cupertino a couple of sleepless nights, it was still worth it
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Old 11-09-2012, 10:44
alan1302
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So everyone complains when Apple chases companies for infringing patents but its ok when it’s the other way round? Surely you should not want HTC chasing Apple for it – otherwise surely you can’t be against Apple doing the same?
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Old 11-09-2012, 10:44
flagpole
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maybe if this works it will stop Apple trolling the courts.
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Old 11-09-2012, 11:03
Tassium
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Apple only have themselves to blame for increased litigation against them.

Apple started it.

Obviously you can get away with that sort of thing for a short while and then companies will take appropriate action to defend themselves, using the same technique.
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Old 11-09-2012, 11:06
sensoria
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So everyone complains when Apple chases companies for infringing patents but its ok when it’s the other way round? Surely you should not want HTC chasing Apple for it – otherwise surely you can’t be against Apple doing the same?
Totally agree with this. Its amazing how the principled people are not so principled when it suits them.
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Old 11-09-2012, 11:08
Stiggles
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I've just read some interesting comments on The register. I won't bother linking to them as I haven't found anything 'official' to back up the claims. However, someone is claiming that the situation is like this.

HTC bought a company (ADC) for $75m in order to own the patents that they are suing Apple over. No problem with that. Apple are claiming that ADC were not only involved in the standards procedures for 4G but that these two patents are included in the standard. As such, ADC have

1 - hidden information from the standards body so the patents were either included in FRAND or so that a work around was devolved for the standard
2 - refused to licence to Apple when it is impossible to have 4G without those patents

So it's entirely possible that the patents will be found to be invalid or that HTC MUST licence them to Apple on FRAND terms. Its also possible that both HTC and ADC will be investigated regading anti trust.

If true, then I really can't see apple losing this one at all.

Edit: I've managed to find thorough analysis of apples claims I mentioned above.

http://www.fosspatents.com/2012/07/h...t-license.html
FRAND cant cover everything for Apple yet cause others to lose constantly against apple...

If Apple isnt paying HTC a fee then yes, they can sue and easily win.
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Old 11-09-2012, 11:11
Stiggles
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Totally agree with this. Its amazing how the principled people are not so principled when it suits them.
Maybe because people are sick to the back teeth of seeing apple suing for stupid things like a bounce back effect, of slide to unlock, but apple wants to use everyone else's tech to have a working phone

Cant apple fans see anything wrong there at all?
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Old 11-09-2012, 11:18
grumpyoldbat
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Can we stop the trademark signs after 'iPhone' - really unnecessary.
And wrong. iPhone went from being a TM to an ® 2 or 3 years ago. If you're going to add a trademark symbol, at least pick the right one!
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Old 11-09-2012, 11:19
sensoria
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Maybe because people are sick to the back teeth of seeing apple suing for stupid things like a bounce back effect, of slide to unlock, but apple wants to use everyone else's tech to have a working phone

Cant apple fans see anything wrong there at all?
I am not an Apple fan, but you are either against companies suing and litigating each other or you are just against Apple doing it.
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Old 11-09-2012, 11:22
alanwarwic
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Quite a surprise in the US..

Post verdict positivity buzz for Samsung halved to 12 and Apple rose 6 to 38.
Since then "Samsung then proceeded to make gains, and actually surpassed Apple late last week."

Maybe the reality of it all quickly dawned.

http://news.cnet.com/8301-13579_3-57...ct-poll-finds/


The 4g patent thing is certainly tit for tat rubbish.
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Old 11-09-2012, 11:24
Stiggles
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I am not an Apple fan, but you are either against companies suing and litigating each other or you are just against Apple doing it.
Well i'm not against it for legitimate reasons for any company. I have the issue with apple suing for stupidly obvious things they think they invented.

HTC can sue if they have included 4G. Samsung will sue if they have included 4.5G. They invented them and licence them. If Apple use them without permission then yes, they should be sued. May teach them a little lesson.
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Old 11-09-2012, 11:28
Step666
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I am not an Apple fan, but you are either against companies suing and litigating each other or you are just against Apple doing it.
You may choose to see it in such terms but that doesn't mean everyone else should have to.

It's a fact that most, if not all, of Apple's lawsuits are extremely spurious.
Case in point: Apple accuses Polish online food store A.pl for trademark infringement, takes the matter to court.
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Old 11-09-2012, 11:31
Stiggles
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You may choose to see it in such terms but that doesn't mean everyone else should have to.

It's a fact that most, if not all, of Apple's lawsuits are extremely spurious.
Case in point: Apple accuses Polish online food store A.pl for trademark infringement, takes the matter to court.
Jesus christ!

I'm surprised they haven't sued a small shop in Old Rhodes town, Greece that's called Apple and has an Apple sign that's been going for about 40 years....

I think they forget they don't own the shape of an apple.
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Old 11-09-2012, 11:33
alan1302
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Maybe because people are sick to the back teeth of seeing apple suing for stupid things like a bounce back effect, of slide to unlock, but apple wants to use everyone else's tech to have a working phone

Cant apple fans see anything wrong there at all?
Why do you have to be an Apple fan to find it daft that all the people that complain about Apple taking companies to court are then happy when the role has been reversed? I’m not a ‘fan’ of any brand – I use what I like at the time – I’ve used a multitude of brands.

It just goes to show that any other company in Apples position would just do the same.
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Old 11-09-2012, 11:35
Stiggles
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Why do you have to be an Apple fan to find it daft that all the people that complain about Apple taking companies to court are then happy when the role has been reversed? I’m not a ‘fan’ of any brand – I use what I like at the time – I’ve used a multitude of brands.

It just goes to show that any other company in Apples position would just do the same.
Well only because its normally apple fans who jump to defend them!

I've already explained why i would support this. It also may take apple down a peg or 2 and be good once again for innovation. I fully supported the suing of Samsung for the S1. Everything else is a crock of crap however.
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Old 11-09-2012, 11:39
sensoria
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You may choose to see it in such terms but that doesn't mean everyone else should have to.

It's a fact that most, if not all, of Apple's lawsuits are extremely spurious.
Case in point: Apple accuses Polish online food store A.pl for trademark infringement, takes the matter to court.
Thats fine, I dont really care. I think all these lawsuits are pathetic. I dont pick and choose whose are more pathetic than the others though.
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