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UPDATED: HTC: Quietly Banning The iPhone 5? Did S*it Just Get Real?

UPDATED: HTC: Quietly Banning The iPhone 5? Did S*it Just Get Real?


Samsung’s lawyers are already preparing to wage war on the new iPhone should it arrive with LTE capability, and it seems that HTC might even be one step further in using the same strategy. So far in fact, that ITC Judge Thomas Pender recently stated that unless Apple can invalidate 2 HTC LTE patents that are currently in question, that HTC could end up successfully banning the new iPhone and newest iPad. Did s*it just get real? (Update at the bottom)

Apparently it has. Judge Pender of the International Trade Commision  doesn’t seem to be playing favorites in regards to the patents in question, and it seems that HTC might actually have a legitimate shot at banning the new flagship device when it arrives this week (assuming it arrives with LTE). HTC is accusing Apple of violating 2 patents that they currently own, which both deal with transmitting a large amount of data. These patents are apparently critical to 4G (LTE) technology, and if the new iPhone is using this technology, things could get pretty hectic this week for the Cupertino company.

If this were to actually happen, it could basically force Apple into a settlement, and would be a major patent win for Android. As Samsung is also looking to use their LTE patents as a weapon against the new iPhone, it would appear that Apple will certainly have their hands full if they want to release an LTE enabled iPhone 5.

HTC added LTE capability early in the game in order to attempt to compete with Samsung and their 4G enabled phones, and HTC lawyer Tom Jarvis stated that HTC was the first to sell 4G enabled Android devices (along with being the creator of the first Android phone, the HTC Dream/T-Mobile G1). The 4G patents that HTC holds were purchased back in April of 2011, and were bought for 75 million dollars.

Judge Pender seems to be taking those patents pretty seriously, as he was very direct in telling Apple lawyer Michael McKeon “I don’t care if they bought these patents to sue you or not. They are a property right”. He also stated that he most likely wouldn’t side with Apple’s argument stating that proper ownership rights of the patents weren’t obtained by HTC. Judge Pender also went on to say that it could be pretty difficult for Apple to invalidate the 2 patents in question, which must be making Apple feel pretty nervous at this point. 

As much as I absolutely HATE the patent wars, it’s really nice to see Android OEMs giving Apple a taste of their own medicine. Will HTC and Samsung be able to successfully pull off a ban on the new iPhone and iPad?

Considering that the new iPhone is scheduled to be released this week (September 12th), we most likely won’t have to wait long to find out.

P.S - I like Judge Pender. 

UPDATE: HTC Chairwoman Cher Wang has publically stated that HTC will NOT settle with Apple. She went on to say that "Samsung's defeat does not mean that Google Inc's Android camp is defeated", as HTC seems very upset with the result of the Apple Vs Samsung verdict. It would appear that HTC is not so much in this for the money, but more so to prove a point. 

An iPhone ban could be seriously damaging for Apple in 2012 and 2013, and with a ban set directly in HTC's sights, Apple and their new flagship device will apparently have a huge battle on  their hands this week when the iPhone is released. 

More details to come as we receive them. 

Picture credits: www.minus31.com (edited by myself) and perfect-gadget.com

Source: Bloomberg

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  • That's very true CJ, and very sad as well. Amazing that top of the line phones are still being built that way. Actually really messed up.

  • Maybe Consumer demand for the iPhone5 stimulates the American Economy via purchases made (sales people earn their measly paycheck off of how many iPhones they sell) ... but the only real economy being stimulated is China's (where a slave labor factory forces workers to make between 3,000 - 6,000 iPhones in 10 hour shifts) ....

    C J

  • @eworldtech - By 0.5%?? Seriously?

    That's just nuts! Do you have any additional info or somewhere I can read up on that?

  • Considering the the iPhone 5 will raise the US economy by 0.5%, I doubt that Apple will ever get a ban on soil, especially by one from Korea.

  • @Bill - I know exactly what you mean man. Apple always seems to squirm its way out of everything.

  • i wanna see the black eye apple gets as bad as anybody..... but being in canada ive already seen the bullshit people will fall for...
    apple will maybe just call it a 3.5 version of 3g leaving htc to argue its actually lte in disguise....
    crap in a bag is always crap in a bag !!!
    lets all support samsung and htc by never buying an apple product or reccomending their products

  • @CJ - I can't see Apple going bankrupt, as they literally seem to grow money on trees! That being said, it will only be a matter of time before their profits start to drop a bit on a yearly basis, which will force them to do something innovative, or even perhaps desperate.

    @Richard - I honestly hope Apple doesn't run out of ideas. Choice is a good thing, and a healthy dose of fanboyism never hurt anyone :-D

    @Tony - I agree. Samsung is already outselling Apple badly, and it's just a matter of time before Samsung gains in popularity among iPhone owners.

  • @Tony -

    Although I don't see APPLE going bankrupt? If they can not become innovative again ... then it's only a matter of time before APPLE will be bought out by another Company (just like Hewlett Packard bought Compaq, eMachine bought Gateway, Acer bought eMachine, etc) ....

    The moral to this story? Instead of taking your competitors to Court over patents? Make sure your Company has settled it's own legal patent matters first. Instead of threatening your competitors? Why not applaud their innovation (then come back with something that improves upon it) ....

    Its my opinion that APPLE delivered 1/2 of what the public was expecting (basically, the equivalent to an Android Smart Phone circa 2011), failed to deliver something 100% innovative (only time will tell if they impress the public with a newer iPad, or iPod) and will probably face a problem on par with "the antenna" situation called "how long their battery doesn't last under 4G" ...

    C J

  • hi there just like to add. I've never really been a apple supporter and always been and had Samsung products. though apple is big time I'm quite sure apple won't last much longer in the "battlefield" against Samsung. for one apple haven't been about as long as Samsung and apples idea's certainly going to run dry. apple just got lucky and to greedy and hit big quick I have absolute faith in Samsung leaving apple behind "very very soon" Samsung's way to smart for apple Samsung's a lot bigger & brighter and more laid back than apple will ever be.

    would be nice to hear other people comment's on apple not lasting

  •   9
    Deactivated Account Sep 13, 2012 Link to comment

    iPhone 5 is out, but its a battlefield that it is entering and if it dosen't get banned then thats one hurdle it has managed to get over.

    Lets not fret about it though apple is going to run out of ideas is it dosen't break its current mold that most of its product are made from.

  • p.s.

    "sadly Apple used to innovate ... now they just update"

    I'm reading that quote in almost every review for the iPhone5. To be fair, APPLE still has other products to unleash on Consumers (another new iPad? iPod?) and I'm curious to see how they expect to use 4G connectivity without compromising battery life ...

    C J

  • @ Eric,

    Another thought provoking article & a great strategic move by HTC (I wouldn't settle for anything unless APPLE agrees to drop all of their claims against every single competitor) ....

    I'm in firm agreement with everyone that these patent lawsuits are making things awful for Consumers (no $ will be spent on innovation if it runs the risk of breaking a patent law). But, it seems to me that APPLE has been ignoring their responsibilities to pay for the use of certain patents (& doing this for many years) ...

    Ok, so today (9/12) APPLE revealed what we already assumed - a faster, thinner, taller (will only a 4" screen & no width increase compete?) iPhone with new software (is the software really that new?). Is the new iPhone 5 as thin as competitors? (APPLE claims it is the world's thinnest, but that's not accurate). I will admit that a weight of 112 grams (4 ounces) is impressive (18% thinner then the previous iPhone is thin enough that consumers are going to need an otterbox) ....

    I wonder how battery life is ? (improved battery life does not tell Consumers how long the average charge will last), How about built in memory ? (16GB, 32GB, 64GB). Camera quality? (updated front & back cameras, front offering 720p HD video, but no mention of the megapixel level). Compared various Android Smart Phones? (anytime you use 4G it drains a battery faster, this is going to suck for iPhone users who can't exchange the battery with a newly charged one - and that's an advantage certain Android Smart Phones will continue to have) ...

    Apple's boast of an improved A6 processor (I'll be curious to see how this processor competes against any Android Smart Phone) that's twice as fast as the previous iPhone (I was expecting more from APPLE, unless they're worried about battery life) and that it's using high-speed 4G LTE connectivity (well, it sure looks like HTC has a legal right to ban this Smart Phone until a settlement can be arranged by APPLE) ....

    The comments online are evenly PRO & CON (my only comment? I will admit, the iPhone5 is an improvement over the iPhone4s, but I was expecting APPLE to debut something to evenly compete in the Smart Phone Market and I don't see it). What will iPhone5 guarantee? That every APPLE iPhone3, 4, 4s user now has something obsolete (even with a software upgrade coming September 19th), isn't worth the price currently being asked for (even under "no contract"), but APPLE Cult Consumers won't care, right? (its new, its from APPLE, I must buy it (lol) ...

    C J


  • True that Patrick. It's game time!

  • http://m.aol.com/dailyfinance/default/articleStory.do?category=main&url=http://www.dailyfinance.com/2012/09/07/apple-iphone-to-work-on-super-fast-broadband-world-wide-wsj/&icid=dsk_df_news

    htc and Sammy, get your sh*t together and make sure it's GAME, SET and MATCH please. Show the patent trolls what REAL tech patents are all about.

  • @Baron - THIS! That's exactly the stance that HTC seems to be taking. Can't really say that I blame them.

  • HTC got banned because Apple didn't want to settle. If I were HTC I wouldn't settle either.

  • @Sean - YES! Fight the power! LOL

    @SimonC - Agreed...but it would also make an awful lot of iPhone 5 wanting customers DESPISE HTC and Android :-D

    @Dogukan - HTC says they won't settle if they win..seems the money doesn't matter to them..they want the ban :-D

  • Seriously if HTC can really pull this off maybe they can even save themselves from getting bankrupt.

  • SimonC Sep 10, 2012 Link to comment

    If HTC pulls this off the its a big embarrassment for Apple.
    If Samsung can do the same then Apple will have just had a huge bite taken out of it.

  • I don't like the patent wars either. They can only be bad in the long run.

    Not even Apple can honestly say that they didn't have this coming.

    I'm using a HTC now, but I could do with a backup if it will help the fighting fund!

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