New HTC Phones Stopped At Customs Due To Apple Patent Fight

from the why-we-can't-have-cool-things dept

Wed, May 16th 2012 7:35pm — Mike Masnick

In one of many Apple patent fights concerning smartphones, it went after Taiwanese smartphone maker HTC in both the courts and using the infamous ITC loophole 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 -- are being held at the border by customs 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...

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Filed Under: injunction, itc, loophole, patent war
Companies: apple, htc

44 Comments

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The Arbiter (profile), 16 May 2012 @ 8:06pm

This is why I hate Apple
I have endured whining for years from Microsoft haters. I don't recall though MS stopping stuff at the border. This is pretty lame.

Apple needs to curl and iDie
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- John Doe, 17 May 2012 @ 4:42am
  
  Re: This is why I hate Apple
  MS just sues or threatens to sue all the Android handset makers and bluff them into licensing.
  [ link to this | view in chronology ]
  - Mike42 (profile), 17 May 2012 @ 8:45am
    
    Re: Re: This is why I hate Apple
    Better than blocking imports completely with a BS patent.
    I perfer negotiation to litigation, even if they're both garbage.
    Sadly, it's choosing the lesser evil.
    [ link to this | view in chronology ]
Shane C (profile), 16 May 2012 @ 8:31pm

Well Siri sorta agrees
Siri, Apple's newest twist on artificial intelligence did start directing people who asked "what is the best smartphone ever" to the Nokia Lumia 900 over the weekend. So, apparently even Siri knows that Apple can't compete any more!

http://www.bbc.co.uk/news/technology-18071342
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- kisune (profile), 17 May 2012 @ 10:15am
  
  Re: Well Siri sorta agrees
  Ah yes, but now they've changed the way siri responds to that inquiry to something like "the one you're holding"
  [ link to this | view in chronology ]
- Mike, 28 May 2012 @ 4:22am
  
  Re: Well Siri sorta agrees
  That not true, Siri does not think that lumina thing you're talking about is the best phone out there. Stop making stuff up and then writing it on the Internet.
  [ link to this | view in chronology ]
Tim K (profile), 16 May 2012 @ 8:44pm

Also I believe it's pretty clear that this is solely to block competition as they did not attempt to block the HTC One S, the smaller member of the One family, but with the same software, that is being sold on T-Mobile who doesn't have an iPhone, but only on the two (though almost identical) phones that are supposed to be the most powerful phones on the market atm who are on Sprint and AT&T who both carry the iPhone. I pre-ordered the phone and was looking forward to getting it tomorrow, and this has not stopped me from wanting it, but rather made me want anything apple even less
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Dave Xanatos, 16 May 2012 @ 10:42pm

Ok Apple Fanboys....
Let's play a game. You can reply with something that Apple says they invented, and me or someone else will reply with someone who did it earlier. This could be fun (For some definitions of fun.)
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- The eejit (profile), 16 May 2012 @ 11:50pm
  
  Re: Ok Apple Fanboys....
  The Mackintosh.
  [ link to this | view in chronology ]
  - Anonymous Coward, 16 May 2012 @ 11:57pm
    
    Re: Re: Ok Apple Fanboys....
    The Mackintosh or Macintosh (abbreviated as mac or mack) is a form of waterproof raincoat, first sold in 1824,
    http://en.wikipedia.org/wiki/Mackintosh
    [ link to this | view in chronology ]
    - megrez, 17 May 2012 @ 1:34am
      
      Re: Re: Re: Ok Apple Fanboys....
      reasonably priced home computers
      
      ..oh wait
      [ link to this | view in chronology ]
      - Sarah Black (profile), 17 May 2012 @ 2:49am
        
        Re: Re: Re: Re: Ok Apple Fanboys....
        Both home computers released in 1977, Tandy's TRS-80 at $600 was less than the Apple II price of $1300.
        [ link to this | view in chronology ]
        
        G Thompson (profile), 17 May 2012 @ 7:38am
        
        Re: Re: Re: Re: Re: Ok Apple Fanboys....
        And the Coco (or Trash80 as we used to say as well) was a LOT better, especially when it came to peripherals.
        [ link to this | view in chronology ]
  - Anonymous Coward, 17 May 2012 @ 1:28am
    
    Re: Re: Ok Apple Fanboys....
    Apple PC, Apple II, Mac, iMac or else?
    
    Well, don't say product names (Apple will clearly sue if others use the same name). Say what specific feature instead.
    [ link to this | view in chronology ]
  - Anonymous Coward, 17 May 2012 @ 2:50am
    
    Re: Re: Ok Apple Fanboys....
    Granny smith did it first
    [ link to this | view in chronology ]
- Jeremy Lyman (profile), 17 May 2012 @ 5:42am
  
  Re: Ok Apple Fanboys....
  A pseudo religion based on white earbuds and false sense of individuality.
  [ link to this | view in chronology ]
  - Dave Xanatos, 17 May 2012 @ 7:20am
    
    Re: Re: Ok Apple Fanboys....
    Damn. You beat me.
    [ link to this | view in chronology ]
Mr Big Content, 17 May 2012 @ 1:54am

See How Patents Promote Innovation
Holding back these HTC phones in Customs is a proven technique for encouraging free-market competition. By blocking HTC products from being forced down customers' throats, they are given the choice of buying non-HTC alternatives, like Apple. This is good for consumers, because it will at least make them think about the alternatives before buying HTC. Imagine if everybody simply had to buy HTC--you couldn't call that free-market competition, could you? The choice between Apple and Microsoft make for a much more competitive market than any others.

I only wish HTC products could be completely banned from our market. We need more competitors offering worthwhile alternatives. And also get rid of Samsung, while we're at it.
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Anonymous Coward, 17 May 2012 @ 2:38am

Apple - killing innovation through killing competition for many years. Avoid them like the plague. I don't and will never have an Itunes account.
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- G Thompson (profile), 17 May 2012 @ 8:05am
  
  Re:
  On a professional level this link here is why I absolutely love iPhones over Android/Win Phones any day. (the password breaker is amazingly good)
  
  "Off-the-shelf forensics tool slurps iPhone data via iCloud"
  
  On a personal level, the above link is why I tell all my friends and family to avoid iPhones like the plague!
  [ link to this | view in chronology ]
Anonymous Coward, 17 May 2012 @ 3:53am

Apple: Brought Unix into the home on computers that appealed to a larger audience than just geeks.
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- G Thompson (profile), 17 May 2012 @ 7:42am
  
  Re:
  Bwahahahahahahahaahahaha
  
  Wrong! they brought a version of NeXt that was cut down, and totally closed off that did not allow anyone (programmers included) to do anything that Unix should be able to do. Root was NOT allowed!
  [ link to this | view in chronology ]
- Dave Xanatos, 17 May 2012 @ 9:52pm
  
  Re:
  Apple is to Unix what Disney is to literature.
  [ link to this | view in chronology ]
John Doe, 17 May 2012 @ 4:42am

I have sworn off Apple
I can assure you, I will never own an Apple product. I hope to never own another Microsoft product either, but they are going to be much harder to get away from. I am tired of paying the trolls. Either compete in the marketplace or go away, these lawsuits are ridiculous.
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Ninja (profile), 17 May 2012 @ 4:49am

I'll leave a prediction here: in a few years, I'd say 5-10 years from now, Apple will be as valuable as it was before Jobs re-joined the ranks.
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abc gum, 17 May 2012 @ 5:32am

Is this related to that patent for a phone which is rectangular shaped?
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- Tim K (profile), 17 May 2012 @ 5:49am
  
  Re:
  This is for the pantent of clicking on a phone number in a browser and having it bring it up in the dialer
  [ link to this | view in chronology ]
  - Jeremy Lyman (profile), 17 May 2012 @ 5:58am
    
    Re: Re:
    Or more specifically, the way it LOOKS when you tap a number to call someone. The patent is on the design, not the functionality.
    
    http://www.pcmag.com/article2/0,2817,2399876,00.asp
    
    I find this exceptionally stupid because customs is blocking the importation of physical goods to keep software out of the country. It's like ICE searching laptops for digital contraband at the border. How long do you think it will take for someone to download the infringing interface from the internet?
    [ link to this | view in chronology ]
  - DinDaddy (profile), 17 May 2012 @ 2:52pm
    
    Re: Re:
    No. The combined claims of the patent are for it to bring up a contextual menu with more than one choice when clicking on a number. Simply bringing up the dialer would not violate the patent in question.
    
    Still obvious and unworthy of patent protection, though.
    [ link to this | view in chronology ]
Cerberus (profile), 17 May 2012 @ 6:00am

Why people buy Apple products
Funny conversation I had today with this kid I tutor.

I: "Is that an Iphone you have?"
He: "Yes."
I: "Why did you buy an Iphone?"
He: "Wel, I...eh...actually, I don't know. I just bought it."
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- G Thompson (profile), 17 May 2012 @ 7:44am
  
  Re: Why people buy Apple products
  Smart kid.
  [ link to this | view in chronology ]
- gigglehurtz (profile), 17 May 2012 @ 9:59am
  
  Re: Why people buy Apple products
  Wow! Bad news for Apple.
  [ link to this | view in chronology ]
Anonymous Coward, 17 May 2012 @ 6:13am

According to "the verge" found via Phandroid.com

http://www.theverge.com/2012/5/16/3024889/htc-one-x-evo-4g-lte-custom-android-build -apple-patent-linkify

HTC modified the code to work around this ridiculous patent.

By "work around" they mean that they eliminated the menu of choices and instead take you to the default program (dialer for phone #s, maps for addresses, browser for URL's, etc). The defaults can be changed by the user, but its not perfect as there are many cases where you don't want to use the default... such as if you run multiple browsers.
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- TimK (profile), 17 May 2012 @ 6:14am
  
  Re:
  Can a MOD delete this? I posted it anonymously by accident.
  [ link to this | view in chronology ]
  - Dave Xanatos, 17 May 2012 @ 7:24am
    
    Re: Re:
    Deleted. Now no one but you will be able to read it.
    [ link to this | view in chronology ]
TimK (profile), 17 May 2012 @ 6:14am

According to "the verge" found via Phandroid.com

http://www.theverge.com/2012/5/16/3024889/htc-one-x-evo-4g-lte-custom-android-build -apple-patent-linkify

HTC modified the code to work around this ridiculous patent.

By "work around" they mean that they eliminated the menu of choices and instead take you to the default program (dialer for phone #s, maps for addresses, browser for URL's, etc). The defaults can be changed by the user, but its not perfect as there are many cases where you don't want to use the default... such as if you run multiple browsers.
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Anonymous Coward, 17 May 2012 @ 6:18am

What a bunch of mother fucking cheaters.
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DannyB (profile), 17 May 2012 @ 6:20am

Bastardization of a famous quote
All that is necessary for Apple to succeed is for Google men to do nothing.
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- DannyB (profile), 17 May 2012 @ 6:21am
  
  Re: Bastardization of a famous quote
  Err. . . .
  
  All that is necessary for Apple to triumph is for Google men to do nothing.
  [ link to this | view in chronology ]
  - The eejit (profile), 17 May 2012 @ 6:23am
    
    Re: Re: Bastardization of a famous quote
    All that is necessary for patents to win is for copyrights to do nothing.
    [ link to this | view in chronology ]
    - I-Bz, 17 May 2012 @ 6:42am
      
      Re: Re: Re: Bastardization of a famous quote
      To contine the trend, The Fail is strong with these ones.
      [ link to this | view in chronology ]
      - Anonymous Coward, 17 May 2012 @ 10:38am
        
        Re: Re: Re: Re: Bastardization of a famous quote
        Apple or Apple Not, there is no Microsoft...
        [ link to this | view in chronology ]
avnish, 3 Jun 2012 @ 11:53am

Interesting information
This information is very new for us. Thanks for sharing this.
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atomike-patentattorney, 18 Jun 2012 @ 12:13pm

Lord, please help us
I think if the new product is significantly more innovative than the previous one, patents should not apply.

Define significantly more innovative and problem solved.
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