Ah, here we go, the plot thickens. A few days ago, I reported that Apple have filed a patent infringement lawsuit against HTC, which calls out pretty much every phone in their portfolio. And you’ll recall that I did a bit of thinking out loud, and wondered why such a thing as “scrolling through lists on a screen” is even patentable at all, before going on to say that in my opinion, the patent system is hopelessly boned.
Of course, while I was writing all that, I was waiting to hear HTC’s response, and hoping they would use legalese language that could be easily translated into the noted Scottish phrase, “Get it up ye’s” (one of my all-time favourite Scottish phrases, that).
Well, according to the official press release, HTC have said they “disagree with Apple’s actions”, which is a lot tamer, but amounts to much the same. However, that press release has taken an unusual tack, with HTC defending themselves by saying all the great stuff they’ve done in the past, like introducing the first Windows phone in 2002 and the first gesture-based smartphone in 2002.
Which is all well and good, and I suppose it could be used to demonstrate prior art (I think that’s the phrase), to show you came up with stuff yourself and didn’t nick Apple’s toys, but it’s an unusual tactic.
The thing is, though, it doesn’t address the issue of whether HTC actually nicked Apple’s patents (for what it’s worth, no, I personally don’t believe they did). I think they’re trying to demonstrate how they innovate on their own, and therefore don’t need to infringe on intellectual property, which is fair enough, but a simpler press release would’ve read something more like: “No, we didn’t nick your stuff, stick it where the sun shineth not.”
So, what is my take on all of this? You may have noticed that I’ve been curiously reticent to voice my opinion on it, preferring to stay impartial, wherever possible, which you may have found odd, given my normal predilection for laying into Apple with a 14 pound brickhammer. Well, here’s my opinion. If the patent office can issue such gloriously stupid patents, then the system is broken, quite apart from the fact I honestly think patents stifle innovation anyway. IN MY OPINION (note, opinion, not a factual statement, thank you), Apple are merely being opportunistic, and using what I consider to be the underhanded technique of using a stupid patent system to try and stamp out competitors from the market.
Maybe it’s because the HTC HD2 curbstomps the iPhone on features and desirability? Maybe it’s because the upcoming HTC Desire will curbstomp it even further? Maybe it’s because Apple really want to have a pop at Google, and are trying to hurt the people who made the Nexus One?
We’ll likely never know the true reason, but hey, get the popcorn, because this is shaping up to be one of the most entertaining legal battles of recent times.
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