Apple landed a devastating blow on smartphone maker HTC and on the entire Android smartphone industry via the 
International Trade Commission (ITC).
Patent violations
In a startling decision, the ITC found HTC guilty of violating two Apple patents. These patents are:
- U.S. Patent No. 5,946,647 on a “system and method for performing an action on a structure in computer-generated data.”
- U.S. Patent No. 6,343,263 on a “real-time signal processing system for serially transmitted data.
These same patents are also disputed in Apple filings versus Motorola and Nokia, suggesting that the entire smartphone industry may soon come under Apple domination.
In the same decision, the ITC tossed eight other patent violation claims.
A historical first
Apple has won the first patent decision in the smartphone war, setting a dangerous precedent that threatens to eradicate all of its competitors in one swoop.
In fact, analysts already speculate that the ITC could ban all imports of HTC Android devices, a decision that would knock out a major competitor, with others just waiting to fall to the pen of the ITC.
Sorry, no license available
Apple’s reluctance to sell smartphone manufacturers licenses to its patents is the reason Android smartphones in general are in peril. After all, the maker of the iPhone appears poised to pursue damages against HTC in federal court rather than help it resuscitate its competitor.
In addition to the two patent victories won today, Apple has an additional 16 complaints filed with the ITC in a second filing, giving Apple the chance to knock any remaining life out of HTC and Android in coming months.
No Android
According to the FOSS Patents blog, Android phones simply cannot work without the use of the technology included in these patents. It seems unlikely that any Android phone can get around these patents, meaning that the entire smartphone industry is about to fall into Apple’s lap.
HTC claims to have a work around that it can use to escape the ITC decision, as Bloomberg reports, but analysts have been openly skeptical to such a claim.
Why the ITC?
Apple is using the ITC to process its patent claims because the ITC can ban imports of violating products, making it faster and easier to stifle competition. Since almost all smartphones are imported, Apple sees ITC as a powerful ally against Android-based competitors that have chewed at Apple’s market share.
No comments yet.