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<title>Techdirt. Stories about &quot;htc&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories about &quot;htc&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Tue, 4 Dec 2012 23:57:00 PST</pubDate>
<title>Judge: Apple / HTC Patent Agreement Must Be Revealed (Except For Dollar Amount)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121204/14072921224/judge-apple-htc-patent-agreement-must-be-revealed-except-dollar-amount.shtml</link>
<guid>http://www.techdirt.com/articles/20121204/14072921224/judge-apple-htc-patent-agreement-must-be-revealed-except-dollar-amount.shtml</guid>
<description><![CDATA[ Last month, we wrote about Apple and HTC <a href="http://www.techdirt.com/blog/wireless/articles/20121112/00494121010/htc-apple-settle-patent-dispute-perhaps-tim-cook-realizes-patent-fights-are-waste.shtml">settling</a> their ongoing patent dispute, and the subsequent request by Samsung to <a href="http://www.techdirt.com/articles/20121117/01181921082/samsung-wants-to-see-details-apples-htc-settlement.shtml">see the details</a>, which were being kept confidential.  It wasn't so much the amount paid that interested Samsung, but which patents were included in the settlement.  That's because, in the Apple/Samsung case, Apple has argued that it would <i>never</i> license some of its patents, and thus there should be an injunction banning the sale of certain Samsung devices.  However, if those same patents are found in the HTC agreement... then Samsung can point out that, not only is Apple lying to the court, but that an injunction should be off the table.  That's because the law suggests injunctions only make sense when there is "irreparable harm."  And if you can just pay up the missed license fees, then it's clearly not "irreparable."
<br /><br />
The court quickly granted Samsung's request and has now gone a step further, saying that <a href="http://www.groklaw.net/article.php?story=20121204024604685" target="_blank">the agreement itself should be made public</a>, except for pricing and royalty terms.  Bizarrely, it was actually Samsung who sought to have the information about what patents were included under seal -- such that it could see it, but the public could not.  Either way, the judge has made it clear that the patents need to be made public as there's no compelling interest in keeping them secret.<br /><br /><a href="http://www.techdirt.com/articles/20121204/14072921224/judge-apple-htc-patent-agreement-must-be-revealed-except-dollar-amount.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121204/14072921224/judge-apple-htc-patent-agreement-must-be-revealed-except-dollar-amount.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121204/14072921224/judge-apple-htc-patent-agreement-must-be-revealed-except-dollar-amount.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-we-shall-see</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121204/14072921224</wfw:commentRss>
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<item>
<pubDate>Mon, 19 Nov 2012 05:41:45 PST</pubDate>
<title>Samsung Wants To See The Details Of Apple's HTC Settlement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121117/01181921082/samsung-wants-to-see-details-apples-htc-settlement.shtml</link>
<guid>http://www.techdirt.com/articles/20121117/01181921082/samsung-wants-to-see-details-apples-htc-settlement.shtml</guid>
<description><![CDATA[ So, last week we wrote about Apple <a href="http://www.techdirt.com/blog/wireless/articles/20121112/00494121010/htc-apple-settle-patent-dispute-perhaps-tim-cook-realizes-patent-fights-are-waste.shtml">settling</a> its patent fight with HTC -- though the terms were secret.  It certainly sounded like it wasn't that much money, as HTC seemed to brush off the financial concerns.  That appears to have caught the attention of Samsung's lawyers, who have now <a href="http://au.ibtimes.com/articles/405897/20121117/samsung-goes-after-htc-deal-to-undercut-apple-filing.htm#.UKdTZ4fLQb0" target="_blank">filed a motion asking the court to make Apple reveal the terms of its HTC settlement</a>.  Perhaps more important than the amount, Samsung wants to see if the deal includes all of Apple's patents, since there are some that Apple has been insisting it would never license as part of its argument as to why there needs to be an injunction blocking the sale of Samsung devices, rather than just monetary damages.  It would undermine Apple's case if it then turned around and licensed those patents to HTC.  As the linked article above notes, it would be surprising if HTC agreed to a deal that <i>didn't</i> include those patents.  So the end result of the HTC deal may be that Apple just bargained away some of its ability to get injunctions against Samsung's devices.<br /><br /><a href="http://www.techdirt.com/articles/20121117/01181921082/samsung-wants-to-see-details-apples-htc-settlement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121117/01181921082/samsung-wants-to-see-details-apples-htc-settlement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121117/01181921082/samsung-wants-to-see-details-apples-htc-settlement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-curious...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121117/01181921082</wfw:commentRss>
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<item>
<pubDate>Mon, 12 Nov 2012 03:21:49 PST</pubDate>
<title>HTC And Apple Settle Patent Dispute; Perhaps Tim Cook Realizes Patent Fights Are A Waste</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20121112/00494121010/htc-apple-settle-patent-dispute-perhaps-tim-cook-realizes-patent-fights-are-waste.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20121112/00494121010/htc-apple-settle-patent-dispute-perhaps-tim-cook-realizes-patent-fights-are-waste.shtml</guid>
<description><![CDATA[ While the Apple patent disputes with Samsung and Motorola seem to get most of the publicity, Apple's first patent lawsuit against an Android phonemaker was <a href="http://www.techdirt.com/articles/20100302/1031458365.shtml">against HTC</a>, who quickly <a href="http://www.techdirt.com/articles/20100512/1224389396.shtml">sued back</a>.  However, over the weekend, the two companies <a href="http://www.wired.com/gadgetlab/2012/11/apple-and-htc-settlement/" target="_blank">announced a settlement</a> in which they're cross-licensing all of their patents to each other for a period of ten years.  While the full details are secret, all of the indications are that HTC is paying Apple, but not a huge amount.  HTC has said that it won't have "an adverse material impact" on its financials.  While HTC remains a smaller player than Samsung, one hopes that this is actually a sign that Tim Cook has realized that Steve Jobs' <a href="http://www.techdirt.com/blog/innovation/articles/20111021/16380816459/steve-jobs-was-willing-to-rip-off-everyone-else-was-pissed-about-android-copying-iphone.shtml">infatuation</a> with killing Android in court is not a productive strategy.  This, of course, won't end many of the other patent fights around smartphones, but hopefully it shows that Apple has become less ridiculously "religious" about fighting in court, rather than focusing on the marketplace.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20121112/00494121010/htc-apple-settle-patent-dispute-perhaps-tim-cook-realizes-patent-fights-are-waste.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121112/00494121010/htc-apple-settle-patent-dispute-perhaps-tim-cook-realizes-patent-fights-are-waste.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121112/00494121010/htc-apple-settle-patent-dispute-perhaps-tim-cook-realizes-patent-fights-are-waste.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>one-would-help</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121112/00494121010</wfw:commentRss>
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<item>
<pubDate>Mon, 18 Jun 2012 23:59:00 PDT</pubDate>
<title>Would We Prefer HTC To Be Making Cool New Products?  Or Just Getting More Patents</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120615/15330119350/would-we-prefer-htc-to-be-making-cool-new-products-just-getting-more-patents.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120615/15330119350/would-we-prefer-htc-to-be-making-cool-new-products-just-getting-more-patents.shtml</guid>
<description><![CDATA[ HTC has, quite rightly, <a href="http://www.techdirt.com/articles/20100512/1224389396.shtml">decried</a> the insanity of the <a href="http://www.techdirt.com/blog/wireless/articles/20101007/22591311328/meet-the-patent-thicket-who-s-suing-who-for-smartphone-patents.shtml">patent thicket</a> in the smartphone arena.  In fact, some clueless analyst had written a note suggesting that HTC was at risk because it <a href="http://www.techdirt.com/articles/20100308/2345048471.shtml">didn't</a> have enough patents.  The idea that <i>quantity</i> of patents matters is a really scary thought, but with the way the patent system works today, companies who have no desire to own patents are increasingly being pressured into doing so.  Thus, HTC has been in the process of <a href="http://news.cnet.com/8301-1035_3-57453084-94/htc-looks-to-expand-patent-portfolio-in-wake-of-apple-setback/?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_blank">getting its hands on as many patents as possible</a>, both by ramping up its own patent application filings, and by buying others patents (such as via the <a href="http://www.itechpost.com/articles/2679/20120613/htc-confirms-plans-boost-patent-portfolio-s3.htm" target="_blank">purchase of S3</a>).
<br /><br />
As someone who has used a bunch of HTC phones over the years, all of this is pretty depressing.  I'd much rather the company focus on doing what it does best: building cool smartphones and devices.  While our broken system may be forcing it to invest in patents (and patent litigation), wouldn't we all be better served by letting it (and others) focus on building cool products to compete in the marketplace?  Or is that just too old fashioned an idea?<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120615/15330119350/would-we-prefer-htc-to-be-making-cool-new-products-just-getting-more-patents.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120615/15330119350/would-we-prefer-htc-to-be-making-cool-new-products-just-getting-more-patents.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120615/15330119350/would-we-prefer-htc-to-be-making-cool-new-products-just-getting-more-patents.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>state-of-the-times</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120615/15330119350</wfw:commentRss>
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<pubDate>Tue, 22 May 2012 16:04:00 PDT</pubDate>
<title>ITC Sides With Microsoft Over Patent; Motorola Android Phones Could Be Banned</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120518/15450818977/itc-sides-with-microsoft-over-patent-motorola-android-phones-could-be-banned.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120518/15450818977/itc-sides-with-microsoft-over-patent-motorola-android-phones-could-be-banned.shtml</guid>
<description><![CDATA[ It's a difficult time to be making an Android phone, it appears.  Just days after customs started <a href="http://www.techdirt.com/blog/wireless/articles/20120515/17552418934/new-htc-phones-stopped-customs-due-to-apple-patent-fight.shtml">blocking</a> various HTC phones based on an ITC injunction due to some Apple patents, the ITC has also <a href="http://www.bizjournals.com/seattle/news/2012/05/18/itc-sides-with-microsoft-on-motorola.html" target="_blank">ruled in favor of Microsoft in a patent dispute with Motorola</a> over Android phones.   While there will be appeals and other such things, if this stands, and there is no settlement, Motorola's phones could also be blocked at the border by ITC injunction.  Motorola, for its part, noted that Microsoft filed with the ITC over nine patents, and the ITC has only said that the phones violate one patent.  Of course, since the ITC has only injunctive relief, it doesn't seem to much matter if it's one, two, six or nine -- the phone can be blocked.  I am, once again, at a loss as to how this does any good.  Keeping competing products from entering the market seems like the opposite of how you encourage innovation.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120518/15450818977/itc-sides-with-microsoft-over-patent-motorola-android-phones-could-be-banned.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120518/15450818977/itc-sides-with-microsoft-over-patent-motorola-android-phones-could-be-banned.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120518/15450818977/itc-sides-with-microsoft-over-patent-motorola-android-phones-could-be-banned.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>we-protect-patents-by-blocking-cool-products?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120518/15450818977</wfw:commentRss>
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<item>
<pubDate>Wed, 16 May 2012 19:35:00 PDT</pubDate>
<title>New HTC Phones Stopped At Customs Due To Apple Patent Fight</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120515/17552418934/new-htc-phones-stopped-customs-due-to-apple-patent-fight.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120515/17552418934/new-htc-phones-stopped-customs-due-to-apple-patent-fight.shtml</guid>
<description><![CDATA[ In one of many Apple patent fights concerning smartphones, it <a href="http://www.techdirt.com/articles/20100302/1031458365.shtml">went after</a> Taiwanese smartphone maker HTC in both the courts and using the infamous <a href="http://www.techdirt.com/articles/20080702/1117121576.shtml">ITC loophole</a> that gives the company two separate cracks and blocking competition using the same patents.  The ITC ruled in Apple's favor late last year, issuing its customary injunction (the ITC can only issue injunctions blocking import, rather than any monetary award).  HTC was given time to create a fix, but the injunction has apparently gone into effect, and it means that the newest HTC phones -- eagerly awaited by some -- <a href="http://www.theverge.com/2012/5/15/3022907/at-t-htc-one-x-blocked-at-us-customs-infringing-apple" target="_blank">are being held at the border by customs</a> to make sure that allowing them into the country won't violate the ITC injunction.  It's pretty sad that Apple doesn't appear to think that it can actually compete on the merits in the marketplace, but rather has to resort to this sort of protectionism.  Similar to Apple's complaints against Samsung, I have to admit that all this has really done is increase my interest in both the HTC One X and the HTC Evo LTE.  If a smartphone is so good that even Apple is scared to compete against it, well, that seems like a phone that might be worth having...<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120515/17552418934/new-htc-phones-stopped-customs-due-to-apple-patent-fight.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120515/17552418934/new-htc-phones-stopped-customs-due-to-apple-patent-fight.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120515/17552418934/new-htc-phones-stopped-customs-due-to-apple-patent-fight.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>why-we-can't-have-cool-things</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120515/17552418934</wfw:commentRss>
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<item>
<pubDate>Tue, 8 May 2012 22:30:00 PDT</pubDate>
<title>SGI Back From The Dead (Again) And Suing Tons Of Companies For Patent Infringement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120419/02113518553/sgi-back-dead-again-suing-tons-companies-patent-infringement.shtml</link>
<guid>http://www.techdirt.com/articles/20120419/02113518553/sgi-back-dead-again-suing-tons-companies-patent-infringement.shtml</guid>
<description><![CDATA[ Back when I moved to Silicon Valley, Silicon Graphics Inc., (SGI) was still a hot place to work.  They were still pumping out cool machines and had a reputation for a fun corporate culture.  Of course, that collapsed pretty quickly over the next few years, as SGI totally misjudged the market trends and fell victim to the innovator's dilemma.  Basically, SGI never could come to terms with the fact that its premium products were going to be increasingly undercut as cheaper commodity technology improved.  Back in 2006, we noted that what remained of SGI had indicated that it planned to resurrect the company by <a href="http://www.techdirt.com/articles/20061024/174559.shtml">going patent troll</a>.  However, we <i>thought</i> we'd avoided that ignoble result when SGI <a href="http://www.techdirt.com/articles/20090401/1502474343.shtml">sold most of its assets</a> to Rackable for a mere $25 million three years ago.  Silly us for assuming those patents would just go away.
<br /><br />
While Rackable changed its name to Silicon Graphics International... the original company actually <i>retained</i> the patents, and renamed itself Graphics Properties Holdings... and over the last few years has <a href="http://www.m-cam.com/patently-obvious/hand-grave-intellectual-property-analysis-graphics-properties-holdings" target="_blank">been suing lots of companies for patent infringement</a>.  In the last year alone it has sued Apple, HTC, LG, RIM, Samsung, Sony, Acer, ASUS, Panasonic, Sharp, Toshiba, Vizio and Motorola Mobility.
<br /><br />
As the link above notes, while some of GPH's patents are relatively early, it appears that lots of similar inventions predated key patents.  However, the early date may make those patents look stronger, and give GPH much more leverage in getting companies to pay up -- or risk losing the ability to produce devices with nice graphics capabilities.<br /><br /><a href="http://www.techdirt.com/articles/20120419/02113518553/sgi-back-dead-again-suing-tons-companies-patent-infringement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120419/02113518553/sgi-back-dead-again-suing-tons-companies-patent-infringement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120419/02113518553/sgi-back-dead-again-suing-tons-companies-patent-infringement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>troll-troll-troll-troll</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120419/02113518553</wfw:commentRss>
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<pubDate>Wed, 21 Dec 2011 22:36:12 PST</pubDate>
<title>Apple May Get To Remove Obvious Features From Android</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111220/03214517139/apple-may-get-to-remove-obvious-features-android.shtml</link>
<guid>http://www.techdirt.com/articles/20111220/03214517139/apple-may-get-to-remove-obvious-features-android.shtml</guid>
<description><![CDATA[ In one prong of the many-pronged attack that Apple has been making on Android, it's scored a victory at the International Trade Commission, where it's been determined that the idea of making a phone number in an email or on a web-page clickable to dial it is so special and wonderful that <a href="http://www.nytimes.com/2011/12/20/technology/apple-wins-partial-victory-on-patent-claim-over-android-features.html?_r=1&pagewanted=all" target="_blank">only Apple could possibly come have up with it</a>.  It's rulings like this that make anyone with a modicum of technology smarts shake their heads and wonder why we let clearly non-technical people make decisions like this.  Patents are supposed to protect inventions that are non-obvious to those skilled in the space.  If you put a 100 groups of five engineers in rooms, asking them to design various smartphone features and interfaces around things like this, I'd bet 99 would come up with a similar feature.  It's just natural.
<br /><br />
In the meantime, Apple's statements about the ruling are equally ridiculous, given Apple's history of copying others (including Android):
<blockquote><i>
"We think competition is healthy, but competitors should create their own original technology, not steal ours."
</i></blockquote>
Copying an idea and building on it is not "stealing."  And if Apple had to build its devices without building on the ideas of others, it wouldn't have very much today.  This whole thing is a joke, and it's rulings like this that make engineers have even less respect for the patent system.<br /><br /><a href="http://www.techdirt.com/articles/20111220/03214517139/apple-may-get-to-remove-obvious-features-android.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111220/03214517139/apple-may-get-to-remove-obvious-features-android.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111220/03214517139/apple-may-get-to-remove-obvious-features-android.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-does-this-promote-the-progress</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111220/03214517139</wfw:commentRss>
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<pubDate>Tue, 6 Dec 2011 11:13:32 PST</pubDate>
<title>Porn Giant Vivid to Take Legal Action Over HTC Vivid Name</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20111118/23042216833/porn-giant-vivid-to-take-legal-action-over-htc-vivid-name.shtml</link>
<guid>http://www.techdirt.com/articles/20111118/23042216833/porn-giant-vivid-to-take-legal-action-over-htc-vivid-name.shtml</guid>
<description><![CDATA[ Trademark... *sigh*. Such a decent idea twisted horribly, horribly wrong at times. I'll try to keep this one simple for fear of flying off into some kind of puntastic boondoggle.
<br /><br />
Reader <a href="http://www.techdirt.com/profile.php?u=sinsi">sinsi</a> sent in the Tom's Guide story about Vivid, best known for pumping out pornography, <a href="http://www.tomsguide.com/us/vivid-porn-htc-vivid-smartphone-lawsuit,news-13217.html">sending a cease and&nbsp;desist notice to HTC</a>, best known for pumping out phones. The issue, apparently, is that HTC's latest smart phone is called&nbsp;"The Vivid," a word fairly commonplace in the English language. Now, Vivid Entertainment has crossed paths with the technology sector in the past, when <a href="http://www.techdirt.com/articles/20071211/160228.shtml">they sued</a> the&nbsp;enigmatically-named PornoTube website (I wonder what they have to offer), or when their executives decided that it was <a href="http://www.techdirt.com/articles/20080215/001404261.shtml">Google and Yahoo's fault</a> that kids were seeing the fine cinematography Vivid produces.
<br /><br />
Still, I find myself asking the same questions about many of these Trademark suits lately: doesn't there have to be some kind of industry crossover for this to be valid? And at what point are moron-sturbators in a hurry going to confuse a smart phone for a the latest Superhero porno parody? Seriously...how does this happen? Did someone at Vivid overhear an HTC customer say, "This phone blows," and get confused?<br /><br /><a href="http://www.techdirt.com/articles/20111118/23042216833/porn-giant-vivid-to-take-legal-action-over-htc-vivid-name.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111118/23042216833/porn-giant-vivid-to-take-legal-action-over-htc-vivid-name.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111118/23042216833/porn-giant-vivid-to-take-legal-action-over-htc-vivid-name.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>there's-a-fap-for-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111118/23042216833</wfw:commentRss>
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<item>
<pubDate>Wed, 20 Apr 2011 21:01:15 PDT</pubDate>
<title>ITC Not Impressed With Latest Smartphone Patent Thicket Cases</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110419/11024613961/itc-not-impressed-with-latest-smartphone-patent-thicket-cases.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110419/11024613961/itc-not-impressed-with-latest-smartphone-patent-thicket-cases.shtml</guid>
<description><![CDATA[ In the past, we've pointed out how many patent holders now get two entirely separate cracks at trying to get those they accuse of patent infringement to pay up.  There's the regular court system <i>and</i> there's an entirely separate <a href="http://www.techdirt.com/articles/20070601/090232.shtml">International Trade Commission (ITC) process</a>, as well.  Basically, the ITC can make rulings preventing importing infringing works, totally outside of the court system.  And, of course, since so many things are made outside the US these days, this could create an effective injunction against those products in the entire US market.  One of the key problems is that the ITC uses different standards than the court system to determine if such an injunction is an appropriate step.
<br /><br />
With the massive <a href="http://www.techdirt.com/blog/wireless/articles/20101007/22591311328/meet-the-patent-thicket-who-s-suing-who-for-smartphone-patents.shtml">patent thicket</a> on smartphones, leading to a bunch of lawsuits, many are using both the court system and the ITC to try to force the other side to give in and just pay up.  However, so far, it appears that the ITC is not playing along.  We recently noted that the ITC indicated it was <a href="http://www.techdirt.com/blog/wireless/articles/20110325/15131013637/judge-says-iphone-didnt-violate-nokias-patents.shtml">rejecting</a> Nokia's claims that Apple's iPhone violated some of its patents, and now the ITC has indicated that it  <a href="http://www.bloomberg.com/news/2011-04-18/itc-staff-recommends-siding-with-nokia-htc-in-apple-patent-case.html" target="_blank">won't side with Apple in <i>its</i> claims against HTC and Nokia</a>. 
<br /><br />
In other words: keep your silly patent pissing fight out of the ITC.
<br /><br />
If the ITC keeps rejecting these attempts to stifle competition via the patent system, then hopefully companies will stop using this little loophole to get to extra bites of the (proverbial) apple.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110419/11024613961/itc-not-impressed-with-latest-smartphone-patent-thicket-cases.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110419/11024613961/itc-not-impressed-with-latest-smartphone-patent-thicket-cases.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110419/11024613961/itc-not-impressed-with-latest-smartphone-patent-thicket-cases.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>patent-protectionism</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110419/11024613961</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 5 Apr 2011 15:08:04 PDT</pubDate>
<title>Phone That Can Search The Internet &#038; Display Ads Patented; Everyone Sued</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110401/13154513731/phone-that-can-search-internet-display-ads-patented-everyone-sued.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110401/13154513731/phone-that-can-search-internet-display-ads-patented-everyone-sued.shtml</guid>
<description><![CDATA[ Looks like it may be time to update our <a href="http://www.techdirt.com/blog/wireless/articles/20101007/22591311328/meet-the-patent-thicket-who-s-suing-who-for-smartphone-patents.shtml">patent thicket graphic</a>.  Another company that's not actually doing anything in the space is suing everyone who is.  A company named H-W Technology apparently holds a patent (<a href="http://www.google.com/patents/about?id=O27GAAAAEBAJ&#038;dq=7,525,955" target="_blank">7,525,955</a>) on an "Internet protocol (IP) phone with search and advertising capability" and has <a href="http://news.cnet.com/8301-1035_3-20049714-94.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20&#038;dlvrit=142337" target="_blank">sued Apple, RIM, Google, Amazon, eBay, HTC, LG, Smasung, Microsoft, Nokia, Verizon and others</a> for violating it.  Because, you know, I'm sure no one possibly could have figured out how to put search and ads on a phone without this patent.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110401/13154513731/phone-that-can-search-internet-display-ads-patented-everyone-sued.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110401/13154513731/phone-that-can-search-internet-display-ads-patented-everyone-sued.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110401/13154513731/phone-that-can-search-internet-display-ads-patented-everyone-sued.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-come-on</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110401/13154513731</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 8 Oct 2010 09:34:05 PDT</pubDate>
<title>Meet The Patent Thicket: Who's Suing Who For Smartphone Patents</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20101007/22591311328/meet-the-patent-thicket-who-s-suing-who-for-smartphone-patents.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20101007/22591311328/meet-the-patent-thicket-who-s-suing-who-for-smartphone-patents.shtml</guid>
<description><![CDATA[ A few folks this week sent over a story in the Guardian by Josh Halliday and Charles Arthur with a graphic purporting to show <a href="http://www.guardian.co.uk/technology/2010/oct/04/microsoft-motorola-android-patent-lawsuit#" target="_blank">who was suing who in the smartphone space</a>, following the news that Microsoft had sued Motorola.  You can see that graphic here:
<center>
<a href="http://www.flickr.com/photos/floorsixtyfour/5060806793/" title="mobilelawsuits-rvs-460 by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4085/5060806793_af80824618.jpg" width="460" height="436" alt="mobilelawsuits-rvs-460" /></a>
</center>
Meanwhile, someone in our comments had pointed to <a href="http://ompldr.org/vNXFndg/lawsuitmap.gif" target="_blank">a very similar graphic</a>.
<br><br>
The problem is that both of these graphics are <b>wrong</b>.  The Guardian one admits that it was built off of the NY Times post from back in March that <A href="http://bits.blogs.nytimes.com/2010/03/04/an-explosion-of-mobile-patent-lawsuits/" target="_blank">that showed a similar graphic</a>, which we <a href="http://www.techdirt.com/articles/20100304/1234218418.shtml">wrote about at the time</a>.  Here's that graphic:
<center>
<a href="http://www.flickr.com/photos/floorsixtyfour/4407267530/" title="bits-suepatent2-blogSpan by floorsixtyfour, on Flickr"><img src="http://farm3.static.flickr.com/2726/4407267530_bb725e9434.jpg" width="375" height="500" alt="bits-suepatent2-blogSpan" /></a>
</center>
However, Joe Mullin quickly pointed out that <a href="http://thepriorart.typepad.com/the_prior_art/2010/03/new-york-times-publishes-chart-featuring-nonexistent-patent-lawsuits.html" target="_blank">the graphic was wrong</a> and included a bunch of lawsuits that never happened.  NY Times blogger Nick Bilton posted a correction to his story way back in March... so I'm unclear on why the two Guardian reporters were still using that as the basis of their own drawing.
<br><br>
Either way, with <a href="http://news.cnet.com/8301-13579_3-20018791-37.html?part=rss&subj=news&tag=2547-1_3-0-20" target="_blank">Motorola suing Apple</a> for patent infringement, the already wrong graphic was now also out of date.  So, I figured <i>why not create my own</i>, correcting the original errors and adding in the new information.  
<br><br>
I ended up spending many hours on it, because once I started, I realized that to <i>really</i> show the state of the patent thicket, I couldn't just include the big name companies that were suing each other, because that's only a part of the story.  What about all of the non-practicing entities (so-called "patent trolls"), who were suing lots of these companies for infringement as well?  Doesn't that matter in understanding the thicket?  Of course, there are lots of them, so I focused on the higher profile NPE lawsuits -- the ones involving multiple defendants -- and added them to the chart too (in green).  And then, I added in a few other companies who actually make stuff but have been suing as well.  Once you start, it's difficult to know where to stop.  There are so many companies involved in so many lawsuits, some you just have to leave out.  However, I believe the image below gives you at least some sort of picture of the lawsuit situation concerning smartphones.  Some of these lawsuits have settled, but many are still ongoing.
<center>
<a href="http://www.flickr.com/photos/floorsixtyfour/5061246255/" title="smartphonethicket(3) by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4128/5061246255_45a015568b.jpg" width="560" height="407" alt="smartphonethicket(3)" /></a>
</center>
Now, here's the crazy part: this is <b>just lawsuits</b>.  I thought about showing licensing deals in this chart as well, but that would have killed my whole weekend (in fact, just as I was finishing up this post, I saw that <a href="http://www.zdnet.com/blog/microsoft/more-mobile-patent-madness-microsoft-licenses-74-smartphone-related-patents-from-acacia/7606?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+zdnet%2Fmicrosoft+%28ZDNet+All+About+Microsoft%29&utm_content=Google+Reader" target="_blank">Microsoft has just licensed 74 smartphone patents from Acacia</a>).  And then I thought about including companies like Intellectual Ventures which apparently are <a href="http://news.cnet.com/8301-1035_3-20001235-94.html" target="_blank">sitting on a bunch of other smartphone patents</a> but haven't yet sued over them.  However, I'd already wasted hours that could have been spent doing other, less brain-damaging work, and decided to leave it like this and move on.
<br><br>
Anyway, I'd say this does a damn good job demonstrating the concept of a patent thicket.  It also explains how such thickets are  hindering innovation.  Anyone who wants to get into the smartphone business knows that they're facing lawsuits from a large number of the companies listed on the graphic.
<br><br>
<b>Update</b>: Someone just pointed out that Ars Technica apparently <a href="http://arstechnica.com/apple/news/2010/10/motorola-asks-itc-two-federal-courts-to-throw-book-at-apple.ars" target="_blank">made their own graphic</a>, which is <i>really</i> pretty.... but also relies on the same bad data that the NY Times used and corrected months ago.
<br><br>
<b>Update 2:</b>  Apparently <i>everyone</i> had the same idea.  The folks at Information is Beautiful <a href="http://legalpad.typepad.com/my_weblog/2010/10/the-tangled-web-of-mobile-patent-suits.html" target="_blank">made another version</a> of the same chart... again including the incorrect information from the NY Times (though, at least they admit those lawsuits are about LCD price fixing, not patents).<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20101007/22591311328/meet-the-patent-thicket-who-s-suing-who-for-smartphone-patents.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20101007/22591311328/meet-the-patent-thicket-who-s-suing-who-for-smartphone-patents.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20101007/22591311328/meet-the-patent-thicket-who-s-suing-who-for-smartphone-patents.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>now,-with-more-troll</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101007/22591311328</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 9 Jul 2010 13:02:43 PDT</pubDate>
<title>NTP Keeps On Making The Case For Patent Reform As It Sues More Companies</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100709/11531110156.shtml</link>
<guid>http://www.techdirt.com/articles/20100709/11531110156.shtml</guid>
<description><![CDATA[ NTP, a patent holding firm that is really just a bunch of lawyers with incredibly broad and questionable patents, is at it again.  As you probably know, NTP was locked in a long and contentious patent fight with RIM over NTP's claimed patents covering the concept of mobile email.  Even as the US Patent Office was telling the world that <a href="http://www.techdirt.com/articles/20060222/1155242.shtml">NTP's patents almost certainly weren't valid</a>, pressure from investors (and the judge in the case who refused to wait for the Patent Office's final rejection of the patents) resulted in RIM <a href="http://www.techdirt.com/articles/20060303/1446243.shtml">settling the case</a> for $612.5 million.  For RIM, it became something of a no brainer.  Even though its legal position was strong, its investors were killing the company over the uncertainty (there were threats that the judge could issue an injunction shutting down the entire Blackberry network).  Settling the case helped RIM's stock price jump up (increasing its market cap more than the cost of the settlement).
<br /><br />
But, from a legal perspective, the lawsuit and the end result became the centerpiece of attention for efforts at patent reform.  While I still think that the patent reform process in Congress has been misguided and the end result probably a lot more damaging than helpful, many of the politicians involved will point to the RIM-NTP case as evidence of the problems with the patent system.  You might think, then, that NTP's investors might sit back and enjoy the spoils of the RIM settlement, but the company quickly went back out and <a href="http://www.techdirt.com/articles/20070911/162434.shtml">sued all the major mobile operators</a> in the US for violating its patents.  However, judges in those other suits said (unlike the judge in the RIM case) that those trials should <a href="http://www.techdirt.com/articles/20071107/014547.shtml">wait</a> until the Patent Office has made a final decision on the validity of NTP's ridiculously overbroad patents.
<br /><br />
However, NTP is not waiting around.  It's now suing again.  This time, rather than the mobile operators, it's going after device makers and platform vendors, <a href="http://dealbook.blogs.nytimes.com/2010/07/09/smartphone-patent-suits-challenge-big-makers/" target="_blank">suing Apple, Google, Microsoft, HTC, LG and Motorola</a>.  Basically, it appears that NTP has decided that if anyone does email on a phone, they have to pay NTP.
<br /><br />
There might not be a better example of how incredibly screwed up the patent system is than this.  NTP was involved in an attempt to do mobile email ages ago (and it <a href="http://www.techdirt.com/articles/20070416/021539.shtml">wasn't the first</a> actually... but NTP <a href="http://www.techdirt.com/articles/20060417/0324230.shtml">paid off</a> some folks who had prior art).  The idea itself wasn't new or all that innovative, and the timing was off, so NTP failed.  In a functioning free market, that's a good thing.  If a company can't execute, it should fail.  Unfortunately, thanks to a ridiculously overbroad patent award, NTP has been able to live on as a bunch of lawyers suing any company that does figure out how to execute.
<br /><br />
Perhaps the only good thing coming out of this is that it may help draw more attention to just how broken the patent system is.<br /><br /><a href="http://www.techdirt.com/articles/20100709/11531110156.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100709/11531110156.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100709/11531110156.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>milking-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100709/11531110156</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 13 May 2010 20:42:50 PDT</pubDate>
<title>Wired Takes On The Smartphone Patent Thicket And How It Stifles Innovation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100513/0936579414.shtml</link>
<guid>http://www.techdirt.com/articles/20100513/0936579414.shtml</guid>
<description><![CDATA[ Back in February, we noted the rapid explosion of patent lawsuits in the smartphone realm, with pretty much everyone suing everyone, and began to wonder if it was even <a href="http://www.techdirt.com/articles/20100218/0322308223.shtml">possible</a> to build a smartphone without getting sued.  As it continued to play out, it became clear that the smartphone market was a <a href="http://www.techdirt.com/articles/20100304/1234218418.shtml">living example</a> of the problems of a patent thicket -- where a new technology is so locked down by patents, as to slow down the pace of innovation in that market -- directly the opposite of the intended purpose of patents.  Patent thickets have been demonstrated in many areas, with smartphones just being the most recent.
<br /><br />
Wired Magazine has now taken on the issue, with a good article <a href="http://www.wired.co.uk/wired-magazine/archive/2010/06/start/investigation-apple-vs-nokia-vs-google-vs-htc-vs-rim?page=all" target="_blank">detailing the patent thicket mess in the smartphone space</a>, and why it's a problem.  There isn't much new in the story if you're a regular Techdirt reader, but it's an excellent summary of the situation and why it's a mess:
<blockquote><i>
Underlying much of this litigation is a broken patent system that increasingly churns out weak patents, concomitantly strengthening the rights of those who hold them. Patents described in vague, abstract terms are the source of most infringement lawsuits as they provide more leeway for subjective interpretation. Patent examiners grant weak patents because administrative structures are overloaded and understaffed. And in an age of rapid product development, a market niche can be identified and a product manufactured, retailed and retired before a patent is even granted.
</i></blockquote>
The article also discusses the fact that patent litigation storms like this one had been avoided in the past when big companies came up against each other through "gentlemen's agreements" not to sue each other.  But that's been flipped around a lot through a combination of non-practicing entities getting big awards, and companies arguing over who's in the stronger position for such an agreement not to sue.
<br /><br />
The end result, though?  Money that could go towards productive investment, instead is being wasted on litigation.  It's exactly the opposite of what the patent system is supposed to do.<br /><br /><a href="http://www.techdirt.com/articles/20100513/0936579414.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100513/0936579414.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100513/0936579414.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>dumbpatents-and-smartphones</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100513/0936579414</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 12 May 2010 16:57:37 PDT</pubDate>
<title>HTC Fires Back At Apple, Patent Nuclear Response Launched</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100512/1224389396.shtml</link>
<guid>http://www.techdirt.com/articles/20100512/1224389396.shtml</guid>
<description><![CDATA[ With Apple and Nokia already locked in a patent nuclear war involving lawsuits filed <a href="http://www.techdirt.com/articles/20091022/1102066639.shtml">back</a> and <a href="http://www.techdirt.com/articles/20091211/1437377312.shtml">forth</a> and <a href="http://www.techdirt.com/articles/20091229/1115467529.shtml">back</a> and <a href="http://www.techdirt.com/articles/20100510/0121079352.shtml">forth</a>, it looks like the same thing may be happening now in the Apple-HTC dispute.  The difference, of course, is that Apple <a href="http://www.techdirt.com/articles/20100302/1031458365.shtml">initiated</a> the lawsuit against HTC.  But now HTC has <a href="http://bits.blogs.nytimes.com/2010/05/12/htc-files-complaint-against-apple-over-patents/?src=twt&#038;twt=nytimesbits" target="_blank">responded in kind</a>, claiming that Apple violates a bunch of its patents, while using the <a href="http://www.techdirt.com/articles/20080702/1117121576.shtml">ITC loophole</a> to get the iPhone barred from the US.
<br /><br />
What we're really seeing is what happens when you get a <a href="http://www.techdirt.com/articles/20100304/1234218418.shtml">patent thicket</a> in a highly competitive, dynamic area.  Suddenly, rather than focusing on competing in the marketplace, and continually outpacing each other by offering new innovations and benefits to consumers, companies start wasting millions upon millions of dollars trying to block competitors from doing the same thing.  It leads to a massive net negative impact on society and consumer benefit.  What a shame.
<br /><br />
At the very least, it appears that HTC recognizes this:
<blockquote><i>
"As the innovator of the original Windows Mobile PocketPC Phone Edition in 2002 and the first Android smartphone in 2008, HTC believes the industry should be driven by healthy competition and innovation that offer consumers the best, most accessible mobile experiences possible."
</i></blockquote>
Either way, it's yet another nuclear war in the patent world, taking money away from actual innovation.  What a shame.<br /><br /><a href="http://www.techdirt.com/articles/20100512/1224389396.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100512/1224389396.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100512/1224389396.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-here-we-go</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100512/1224389396</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 28 Apr 2010 12:03:00 PDT</pubDate>
<title>Microsoft Suggests Android Violates Its Patents... But Gets HTC To Buy A License</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100428/0150309209.shtml</link>
<guid>http://www.techdirt.com/articles/20100428/0150309209.shtml</guid>
<description><![CDATA[ Ah, the patent games <a href="http://techdirt.com/articles/20081020/1938442601.shtml">Microsoft plays</a>.  For years, it's <a href="http://techdirt.com/articles/20070731/092538.shtml">spread FUD</a>, claiming that open source operating systems, such as Linux, violate its patents -- though it has never detailed what patents or really sued anyone directly over those patents (though some have argued that it has done so with a couple patents <a href="http://techdirt.com/articles/20090225/1727233903.shtml">tangentially</a>).  Now it appears that Microsoft is also <a href="http://news.cnet.com/8301-13860_3-20003602-56.html" target="_blank">claiming that Google's Android violates its patents</a>.  Of course, it's not doing so by going after Google.  Instead, it's part of what came out in an announcement concerning <a href="http://www.reuters.com/article/idUSTRE63R0WX20100428" target="_blank">Microsoft licensing certain patents to HTC</a> <i>specifically</i> to allow HTC to run Android.
<br /><br />
Seems a bit strange, right?  Why should Microsoft have any say in whether or not HTC can put Google's Android operating system on its phones.  The whole thing seems even odder when you realize that HTC was, for a long time, one of the major makers of smartphones running Windows Mobile operating system.  But, the complicating factor here might be Apple.  Apple, of course, famously went on the patent offensive and <a href="http://www.techdirt.com/articles/20100302/1031458365.shtml">sued HTC</a> over its Android phones a couple months ago.  So now, with Microsoft doing this deal, it seems to very publicly be entering the patent fight between Apple and Google, which for bizarre reasons is playing out with HTC as the pawn getting bounced around between them all.
<br /><br />
Of course, Microsoft's press announcement on this particular deal is hilarious in how disingenuous it is:
<blockquote><i>
The licensing agreement with HTC underscores the important role IP plays in ensuring a healthy and vibrant IT ecosystem.
</i></blockquote>
Uh, no.  It underscores the exact opposite.  It underscores just how totally screwed up the smartphone market is because of the absolutely ridiculous <a href="http://www.techdirt.com/articles/20100304/1234218418.shtml">patent thicket</a> that's been built up around pretty much everything that goes into a smartphone.  This deal doesn't show "the important role IP plays."  It shows how a big company that has <i>nothing</i> whatsoever to do with a particular fight can suddenly throw its weight around on the topic in an attempt to cause confusion in the marketplace and potentially scare off competitors.  It's the exact <i>opposite</i> of what the patent system is supposed to do.<br /><br /><a href="http://www.techdirt.com/articles/20100428/0150309209.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100428/0150309209.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100428/0150309209.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>say-what-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100428/0150309209</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 27 Apr 2010 15:06:00 PDT</pubDate>
<title>Klausner Adds Another Visual Voicemail Patent Lawsuit</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20100426/1246319171.shtml</link>
<guid>http://www.techdirt.com/articles/20100426/1246319171.shtml</guid>
<description><![CDATA[ Small patent holding firm Klausner Technologies has <a href="http://www.reuters.com/article/idUSTRE63P4VA20100426">sued HTC for infringing the patents on visual voicemail</a> it says it holds, adding the phone maker to a <a href="http://techdirt.com/articles/20080826/2135392104.shtml">long list</a> of companies that have been attacked with the overly broad patent. Just as in the previous cases, it's not clear how this system actually helps anybody that's doing any actual innovation; the company with the patent, but which has never apparently done anything to actually bring it to market, gets to assess an innovation tax on companies doing the actual legwork. Meanwhile, the idea underlying the patent -- <a href="http://www.techdirt.com/articles/20050615/1525249.shtml">displaying voicemail info on a screen</a> -- really isn't much more than a foreseeable progression of technology. So carry on, patent system, holding back innovation and misaligning incentives.<br /><br /><a href="http://www.techdirt.com/articles/20100426/1246319171.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100426/1246319171.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100426/1246319171.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>whoops,-missed-one</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100426/1246319171</wfw:commentRss>
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<item>
<pubDate>Thu, 8 Apr 2010 02:30:00 PDT</pubDate>
<title>Bunch Of Companies Sued Over Encryption Patents</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100407/1004078912.shtml</link>
<guid>http://www.techdirt.com/articles/20100407/1004078912.shtml</guid>
<description><![CDATA[ Another day, another story of a company no one's heard of who seems to produce nothing but patents, filing <a href="http://www.techeye.net/business/the-world-and-its-dog-get-sued-over-encryption?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+techeye+" target="_blank">a lawsuit against a ton of companies</a> in East Texas (of course).  This one, sent in by the <a href="http://www.boredsysadmin.com">Bored SysAdmin</a>, involves a company called The Pacid Group, suing  Asus, Samsung, Sony, Sony Ericsson, Fujitsu, LG, Gigabyte, GBT, MSI, Motorola, Research in Motion, Nikon, Microsoft, Nintendo, HTC and Palm, claiming that they all violate two of its patents (<a href="http://www.google.com/patents/about?id=zvMCAAAAEBAJ&dq=5,963,646" target="_blank">5,963,646</a> and <a href="http://www.google.com/patents/about?id=Z-0DAAAAEBAJ&dq=6,049,612" target="_blank">6,049,612</a>) on encryption.  While it's often difficult to find <i>any</i> information on the no name companies who sue big companies for patent infringement, at least The Pacid Group <a href="http://www.pacid.com/index-2.html" target="_blank">has a website</a>, where it clearly shows the company's only products: patents.  
<br><br>
As we've seen in other <a href="http://www.techdirt.com/articles/20090412/2110264466.shtml">similar</a> lawsuits, the company appears to think that pretty much every bit of modern technology violates its patents.  According to the lawsuit, all of the following types of products may violate these patents: laptops, mobile phones, printers, routers, digital cameras, Blu-ray disk players, gaming devices, wireless adapters and portable media players.  Now, sure, you could make the claim that all of these companies found these patents from a company no one had heard of, and decided to "copy" the idea into their product.  Or, the fact that this basic idea appears in so many places might lead you to conclude that <i>the idea was the natural progression of the technology</i> and <i>obvious to those skilled in the art</i>, and thus not deserving of a patent.  But that would make sense.<br /><br /><a href="http://www.techdirt.com/articles/20100407/1004078912.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100407/1004078912.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100407/1004078912.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100407/1004078912</wfw:commentRss>
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<item>
<pubDate>Thu, 11 Mar 2010 07:01:00 PST</pubDate>
<title>Pointless Stats: Number Of Patents Held By Apple, Google And HTC</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100308/2345048471.shtml</link>
<guid>http://www.techdirt.com/articles/20100308/2345048471.shtml</guid>
<description><![CDATA[ A bunch of news sites have been playing up a minor item in a Deutsche Bank note to clients about how <a href="http://brainstormtech.blogs.fortune.cnn.com/2010/03/08/counting-patents-apple-google-htc/" target="_blank">Apple has a lot more patents than Google or HTC</a>.  I have to say, this is one of the most meaningless bits of data out there, and it's getting way too much attention for its import.  First of all, it looks like the report counted overall patents -- not even patents just in the spaces where these companies overlap.  Second, the <i>number</i> of patents one holds is absolutely meaningless when it comes to actually being able to enforce the patents.
<br /><br />
More troubling is the report's conclusion:
<blockquote><i>
"While litigation appears to be an increasingly common cost of doing business," he concludes, "we view Apple's willingness to aggressively defend its patent portfolio favorably and welcome the defense of its IP."
</i></blockquote>
Historically, this is generally not a good sign.  It's usually a sign that a company has run into an innovation stumbling block, and doesn't think it can really continue to innovate at the pace the market is expecting, so it seeks to hold back competitors and pump up revenue through litigation, rather than innovation.  A smart research report would note that breaking out the offensive patent lawsuits is generally a <i>warning</i> sign.  But, then again, this is a research report that thinks the overall number of patents a tech company has is a meaningful metric.<br /><br /><a href="http://www.techdirt.com/articles/20100308/2345048471.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100308/2345048471.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100308/2345048471.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-not-how-it-works</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100308/2345048471</wfw:commentRss>
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<pubDate>Tue, 2 Mar 2010 13:44:00 PST</pubDate>
<title>Apple Goes Offensive On Patents: Sues HTC</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100302/1031458365.shtml</link>
<guid>http://www.techdirt.com/articles/20100302/1031458365.shtml</guid>
<description><![CDATA[ Well, well, well.  We've discussed recently how it seemed effectively <a href="http://www.techdirt.com/articles/20100218/0322308223.shtml">impossible</a> for any smartphone maker to survive the patent gantlet, as there are so many patents held by so many different parties, and they all seem to have recently started suing each other.  The latest, sent in by a whole bunch of you (though <a href="http://www.techdirt.com/profile.php?u=quikster">Phillip</a> was first) is that <a href="http://gizmodo.com/5483689/the-apple-patents-cockpunching-all-smart-phones-an-illustrated-guide/gallery/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed:+gizmodo/full+(Gizmodo)" target="_blank">Apple is suing HTC</a>, again both in the courts and using the <a href="http://www.techdirt.com/articles/20080702/1117121576.shtml">ITC loophole</a>.  What's interesting here is that, despite Apple playing up the fact that it had over <a href="http://www.techdirt.com/articles/20070111/005550.shtml">200 patents</a> on the iPhone, for the most part, it hadn't gone on the offensive with them.  The recent patent lawsuits that Apple has been involved in have all been on the defensive side -- which we thought was <a href="http://www.techdirt.com/articles/20100115/1737037782.shtml">a smart move</a> for Apple.  The fact that it's now going on the offensive on patents is unfortunate.  It's usually a sign that a company is worried that it can't keep up with the competition.<br /><br /><a href="http://www.techdirt.com/articles/20100302/1031458365.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100302/1031458365.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100302/1031458365.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-smartphones-at-all</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100302/1031458365</wfw:commentRss>
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<item>
<pubDate>Tue, 22 Dec 2009 08:38:00 PST</pubDate>
<title>HTC Sends Cease &#038; Desist To Developer Who Made Similar Android Widgets</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091218/0115307420.shtml</link>
<guid>http://www.techdirt.com/articles/20091218/0115307420.shtml</guid>
<description><![CDATA[ Tim K alerts us to the news that phone maker HTC has <a href="http://www.androidguys.com/2009/12/16/htc-hits-levelupstudio-with-cd-over-beautiful-widgets/" target="_blank">sent a cease &#038; desist nastygram</a> to the developers of an Android widget that certainly had a similar look and feel to HTC's own Sense UI.  Except, many people claim that this newer widget, from LevelUp Studios, <a href="http://androidforums.com/android-applications/27925-level-up-studio-beautiful-widgets-given-c-d-htc.html" target="_blank">was actually better</a>.  LevelUp apparently has no interest in fighting this, and are ditching the widget, but it seems that they could have a decent argument here.  The bigger question, though, is why HTC is bothering?  I'm actually a big HTC fan.  My last two mobile phones have both been from HTC, and I had been <i>expecting</i> my next one to be from HTC as well.  But this sort of bullying for no good reason makes me wonder why I'd want to support a company like that.  Honestly, what was HTC "losing" by letting this widget be created?  This seems like bullying just for the sake of bullying.<br /><br /><a href="http://www.techdirt.com/articles/20091218/0115307420.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091218/0115307420.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091218/0115307420.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can't-compete?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091218/0115307420</wfw:commentRss>
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<pubDate>Fri, 25 Jan 2008 09:21:00 PST</pubDate>
<title>Smartphones Patented... Just About Everyone Sued 1 Minute After Patent Issued</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080124/16382062.shtml</link>
<guid>http://www.techdirt.com/articles/20080124/16382062.shtml</guid>
<description><![CDATA[ This past Tuesday, the US Patent and Trademark Office issued a patent on <a href="http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&#038;Sect2=HITOFF&#038;p=1&#038;u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&#038;r=1&#038;f=G&#038;l=50&#038;co1=AND&#038;d=PTXT&#038;s1=7,321,783&#038;OS=7,321,783&#038;RS=7,321,783">"a mobile entertainment and communication device."</a>  Reading the patent, you realize it describes the quite common smartphone.  It's a patent for a mobile phone with removable storage, an internet connection, a camera and the ability to download audio or video files.  The patent holding firm who has the rights to this patent wasted no time at all.  At 12:01am Tuesday morning, it <a href="http://trolltracker.blogspot.com/2008/01/minerva-v-rim-another-case-opened-too.html" target="_new">filed three separate lawsuits against just about everyone you can think of</a>, including Apple, Nokia, RIM, Sprint, AT&#038;T, HP, Motorola, Helio, HTC, Sony Ericsson, UTStarcomm, Samsung and a bunch of others.  Amusingly, the company actually first filed the lawsuits on Monday, but realized it was jumping the gun and pulled them, only to refile just past the stroke of midnight.
<br /><br />
As the link above explains, the patent itself is based on a bunch of <a href="http://www.techdirt.com/articles/20050823/1816248.shtml">continuation filings</a>, which are commonly used by patent holders who want broad patents to cover the latest technologies well after they've already come about in the market.  It would seem like the concept itself, merely combining a bunch of things that people were already talking about, should never have been granted based on the Supreme Court's recent KSR <a href="http://www.techdirt.com/articles/20070430/100114.shtml">ruling</a> that merely combining existing concepts doesn't deserve a patent.  Also, as noted in the comments to the link above, it would appear that there's a fair amount of <a href="http://www.medsch.wisc.edu/~gaston/NetComputer/b34818.htm">prior art</a>.  In fact, Apple even sent over some prior art concerning the patent just before it was originally supposed to be issued last summer -- but somehow patent holder's lawyers talked their way around it.  In the meantime, it looks like we've got yet another case of an overly broad and obvious patent being used against a huge number of firms.  I'm sure that's exactly what Thomas Jefferson expected when he created our patent system.<br /><br /><a href="http://www.techdirt.com/articles/20080124/16382062.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080124/16382062.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080124/16382062.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wasting-no-time</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080124/16382062</wfw:commentRss>
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<pubDate>Mon, 5 Nov 2007 09:57:05 PST</pubDate>
<title>The Google Phone... Everything You Expected And Less (For Now)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071105/092815.shtml</link>
<guid>http://www.techdirt.com/articles/20071105/092815.shtml</guid>
<description><![CDATA[ After Apple finally announced its iPhone, all the folks who spent years and years passing around rumors about it needed to move onto something else.  The first easy target was the <a href="http://www.techdirt.com/articles/20061218/095353.shtml">gPhone</a> from Google, which has been rumored to be all different things over the past year.  However, in the last couple of months, Google and its partners started leaking out a lot more info to tamp down expectations.  They stated a few times that they were not building hardware, and then it came out that it was really just software that device manufacturers and mobile operators could offer that would be more "open," but would clearly promote various Google services.  Not quite as exciting as some of the earlier rumors.  Today Google finally put out the official announcement <a href="http://www.nytimes.com/2007/11/05/technology/05cnd-gphone.html?_r=1&#038;hp&#038;oref=slogin">and there are no real surprises</a>.  It appears to be exactly what the lowered expectations set it to be: an operating system built on Linux, that is open source and free for anyone to use.  That is, it's not a phone at all, but simply a platform for others to use.
<br /><br />
Sprint and T-Mobile have signed up as partners agreeing to offer it -- but it isn't expected on handsets until the latter half of 2008.  Despite some rumors that Verizon Wireless would put aside its dislike of Google and <a href="http://www.techdirt.com/articles/20071031/093942.shtml">participate</a>, so far it is staying on the sidelines.  This isn't surprising both given Verizon Wireless' distaste for Google and its insistence on walled gardens over anything open.  Also staying away is AT&#038;T, which is hardly surprising at all, given its investment in the iPhone.  The big handset partners are HTC and Motorola -- again, no surprise.  Motorola has dabbled around with Linux phones before and knows that it needs some kind of differentiator after getting clobbered by others in the market.  HTC is a huge producer of Windows Mobile phones but has long had a pretty rocky relationship with Microsoft, so seeing a way to potentially get out from under that yoke must be appealing.
<br /><br />
All in all, this is a good step forward for the mobile industry -- offering a more open alternative with some big name backers.  However, it's not a revolutionary leap forward just yet.  It's an enabling move that hopefully will drive more innovation and potentially push operators towards a more open, more innovative world, but it's going to be an incremental process.  Even though it clearly wasn't for everyone, the iPhone redefined what mobile phones could be overnight.  Almost every company in the space has adjusted at least some part of their strategy to deal with the iPhone.  The Google phone platform won't have that same overnight impact, and depending on how well it works, it may never have that kind of impact.  There will be a number of powerful forces working against Google in this space -- and unlike Apple, since Google isn't controlling the initial rollout and everything around it, it may make things tougher to fight through the initial noise.  However, if it can get through any initial troubles towards adoption, then its openness and Google's commitment to push it forward could lead to mobile devices and services that are a lot more powerful.  So, while it's not the flashy overnight sensation that the iPhone was, it has the potential to have a much larger long-term impact, though done so in a more typical understated manner.<br /><br /><a href="http://www.techdirt.com/articles/20071105/092815.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071105/092815.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071105/092815.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-that's-it?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20071105/092815</wfw:commentRss>
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<pubDate>Wed, 18 Jul 2007 06:48:05 PDT</pubDate>
<title>Taiwanese Contract Manufacturers Set Sights On Brand-Name Prize</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20070717/174118.shtml</link>
<guid>http://www.techdirt.com/articles/20070717/174118.shtml</guid>
<description><![CDATA[ Despite manufacturing plenty of the most recognizable electronics products in the world, and making plenty of money, the names of most Taiwanese contract manufacturers aren't familiar to consumers. For instance, Hon Hai Precision Industry generated revenues of more than $26 billion last year by making products for Apple, Dell, HP and other companies. But the Taiwanese firms are increasingly trying to leverage their experience and expertise by <a href="http://www.emailthis.clickability.com/et/emailThis?clickMap=viewThis&#038;etMailToID=1575621381">establishing their own consumer brands</a> and using them to boost their product margins. Contract manufacturing is a low-margin, volume based business: for instance, one analyst says contract manufacturers of laptops have 3-5% margins; compare that to the 40% or more Apple enjoys on iPods. But growing the brands can be a tricky proposition, and not just because the companies are looking to enter new and unfamiliar consumer markets. The problem is that these companies are looking to become competitors to their biggest customers: for instance High Tech Computer, which makes mobile phones for a variety of companies, is building up its HTC consumer brand, and competing with clients like HP and Palm in the process. Some are trying to get around this by splitting off their consumer operations from their contract-manufacturing businesses, such as Acer did successfully several years ago. Still, that's not the only obstacle. Getting the consumer marketing right remains a big issue -- particularly when the new consumer brands are competing against companies for which marketing, not manufacturing, is a specialty.<br /><br /><a href="http://www.techdirt.com/articles/20070717/174118.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20070717/174118.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20070717/174118.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>store-brand-soda</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20070717/174118</wfw:commentRss>
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