Apple struggles to overturn HTC’s LTE patents

by: Simon HillSeptember 7, 2012

Apple is trying to get two patents held by HTC invalidated. The patents in question relate to data transmission in wireless devices, more specifically technology that is essential for 4G LTE devices. If Apple announces support for 4G LTE networks in its new iPhone, and possibly iPad mini (you can already get an LTE iPad), next week, then HTC will seek an import ban. The strategy is intended to force Apple into a settlement and get the company to drop its many patent infringement suits against HTC.

The International Trade Commission (ITC) Judge, Thomas Pender, had this to say:

“Clear and convincing means something to me. I have to be pretty darn certain a U.S. patent is invalid.”

HTC acquired the patents in April 2011 as part of a portfolio it bought from ADC Telecommunications Inc. for $75 million. That was just before the company began selling its first LTE phone, the Thunderbolt. HTC said it bought the patents as protection against Apple. The Taiwanese company also pointed out that it is an innovator in the LTE space and an early-adopter, even a “pioneer”.

In a previous case HTC was denied the use of patents that Google tried to lend the manufacturer, but this time around Judge Pender told Apple’s lawyer:

“I don’t care if they bought these patents to sue you or not. They are a property right.”

Apple has been aggressive in its pursuit of HTC. Apple requested an emergency ban of several HTC devices just a couple of months ago, and the two companies are embroiled in a number of suits and countersuits in the US and beyond.


    Nice, Go HTC. Ive never owned an HTC (Im a Samsung guy) but they are a great company & make a really great product. This win could really give them the boost they need. – KID ANDROID

    • Blaine Magee

      I’ve had HTC’s in the past (like Win 6.5 past, the HTC Tilt was an awesome phone) and like some of their current phones but I’m hooked on Sammie as well. Yeah once Apple started trying to bully everyone on the block, the block is eventually going to rise up and kick out the bully.

  • munkyboythethird

    Burnnnn, apple!

    • hnldriver

      I prefer apple pie…. :)

  • MasterMuffin

    This judge should have been in that sammy-crapple battle not that biatch koh

    • UnbiasedChap

      Well said!

    • hnldriver


  • hahaha time for payback iCrap…

  • Kavi

    Apple should burn in hell…. Well sooner or later they will, cause their products are boring……… Thats all i got to say…..

    • UnbiasedChap

      You are right! Super boring is the word! 2 years after Sammy launched the original Galaxy S a 4 incher, only now crApple is about to launch the supposedly new iPhone with a 4 incher.

      I bet ALL iSheeps are jumping with joy with their “new” 4 incher toy. In the tech world it is so passe. The next screen size should be 5.7-6 inch.

      I would have thought crApple will not respond to competition like what SJ said.

      Guess they got to respond as there is 1.3m Android army marching daily into their market share!!!

  • hnldriver

    I’m sorry – did I just read “possibly iPad”??? Sorry sir, the new iPad is already out and it HAS LTE in it! Time to do a bit of research before posting bud!

    • MasterMuffin

      In what area (I’m just asking, not saying that you’re wrong)

      • hnldriver

        Canada –> webid: 10178799

        • MasterMuffin

          :( so no lte for me

          • vikings football

            actually, NO SOUP FOR YOU!!! da soup nazi

    • Simon Hill

      You’re right, should have read iPad mini, not sure if they can apply it to the latest iPad because it came out back in March.

      • hnldriver

        Well I’m pretty sure if Sammy is waiting for a full lineup to knock off – they would want ieverything out and do a blanket ban on em all.. sorry if it came across as harsh, was unintended if that’s how it sounded…

    • iPad Mini

  • trebor

    Even though it’s not sammy whose giving apple a pain in the a$$ this time, its worth knowing this. Pay back time. ;)

    • hnldriver

      Well Sammy and goophone are just waiting for the ip5 release before suing I’m thinking… the iPad has it already…

  • Paul

    Show them how business is done; by not buying off court wins.

  • Chad Mueller

    I’ve also read that Samsung owns 10% of LTE patents and they purposely let apple slide with incorporating LTE in the new iPad. Only to hit them where it hurts (just as HTC is doing) when the new (or should I say slightly improved) iPhone comes out with LTE capabilities. Sorry iFreaks, you’ll never have a true 4G device…

    • Jay

      I wonder how many patents there are altogether for LTE and also why in the hell there are so many for just that?

      • Cole Raney

        Well if Samsung does have 10% of the late patents and it has 800, then there would be 8,000 lte patents.

  • It feels great to see Apple learn that it can’t just bully it’s way with competition..

  • flamencoguy

    Apple had also bought over 400 LTE patents. Damn hypocrites they are. Apple’s lousy patents should be invalidated!

  • vikings football

    if both samsung and htc win this patent in question, i wonder how much apple will have to pay out to both htc and samsung, as this would look like apple is “willfully” using someone elses patent knowing that they (apple) would be sued for using it.

    how about $5 billion each and a world wide ban on current ipad3 (the new ipad) and the iphone 5.

  • SamsaraGuru

    HOW SWEET IT IS! What incredible hypocrites are the people at Apple.

    Apple goes on a patent buying spree with Microsoft and every other enemy of Samsung they kind find for the specific purpose to keep up their “We don’t have to compete with you by building better products as long as we can cripple your sales of your better than our products by making it impossible for you to sell them.” modus operandi.

    I hope HTC gets a total ban on the iPhone and Ipad in the U. S. – what goes around comes around and it is high time that Apple got its long, long overdue comeuppance.

  • Kris5

    Apple is like that one whiny kid in kindergarten. He bullies you, you fight back and he starts crying all about it. Well this time the teacher’s not helping the whiny kid.

  • Timmy

    Next thing you know Apple will be suing unrelated industries for patent infringement…oops, too late, already did that…

  • timothy godfrey

    so htc is building a better product and killing apple in the process so apple is sicking their lawyers to make them quit making a better phone?!

  • timothy godfrey

    Apple sucks and should be shut down, at least their phone division
    they should concentrate on making computers and quit stealing ideas from sammy and htc