In handing down a massive defeat
to Apple in a watershed patent tussle, British Judge Christopher Floyd ruled that HTC’s
devices don’t infringe the four patents charged by the Cupertino-based iDevice
vendor. The judge found in fact that three of the four patents are actually invalid.
This is a huge blow to Apple, which had seen some temporary judgments go its
way in other jurisdictions on its patent claims.
Besides the ludicrous “slide to
unlock” farce, today’s verdict also affected Apple’s patents for scrolling
through images, character set selection, and multi-touch capability. These
patents were arguably Apple’s most potentially-damaging weapons in the global
IP wars the company started with Android, and by invalidating them, the British
court has effectively gutted the iPhone maker’s campaign to litigate its
competitors out of the UK market.
Ruling that it found Apple’s
photo-management patent to be valid, the Judge nevertheless found that HTC
didn’t infringe it. It’s been a long time coming but finally a court has shown
more deference to common sense and the rule of law, than to the financial might
of Apple and its escalating economic and political implications for a
particular jurisdiction.
The significance of this loss to HTC
in the UK shouldn’t be understated – Apple cannot now shift its attention to
Google, or to its arch enemy Samsung, to make up for the bloody nose it has
received; invalidation means that the British legal system will never again
recognize Apple’s right to file any action on the basis of those particular patents.
And given how the company brazenly sought the patents knowing that they were
never entitled to them, Apple’s business ethics must certainly be in question
despite its protestations of merely protecting their intellectual property.
In what is a breathtaking example
of its utter hubris, an Apple spokesperson stated… “Competition is healthy,
but competitors should create their own original technology, not steal ours” – this particularly in light of
the fact that the patents were deemed invalid because the tech giant was found
to have “appropriated” IP that clearly wasn’t theirs to patent.
An HTC spokesdroid was moved to declare…
“we remain disappointed that Apple continues to favor competition in the
courtroom over competition in the marketplace,” something that seems to be evident
to most, yet manages to elude jurists in various other parts of the world.
Those very same patents are in fact about to be fought over by Apple and HTC in
Germany.
One can only hope that the courts there have taken notice of Britain’s
stance and may be questioning to themselves whether there’s something to be
learned from that action. It seems inevitable however that Apple will challenge the verdict. It's increasingly what they do best.
Source: Bloomberg
Pity Samsung haven't been so successful in the USA
ReplyDeleteAgree. For some reason, nobody seems willing to call Apple out on the validity of some pretty dodgy patents they've been awarded. Maybe now that somebody else has acknowledged the obvious, US courts will see fit to challenge Apple over its, if you'll pardon the pun, patently ridiculous holdings. I mean, FFS, swipe to unlock?
ReplyDeleteI wish Sammy well on their endeavours, but Apple is a US mega-corporate after all, and the other guys are not. What chance Apple will be beaten on home court?
Hmmm...