Now that we’ve had a bit of time to digest yesterday’s bombshell news that Apple were suing HTC over 20 patent infringements, it’s time to look in to the crystal ball and try and gauge what happens next.
The patents that are under scrutiny are undoubtedly being infringed by all of the other phone manufacturers who provide Android devices, but only HTC are being sued. Moreover, the patents, for the most part, apply to the Android software, which is of course, Google’s creation. Why have Apple picked on HTC and not Google, or Motorola?
Let’s look at the facts. Initially, it looks as though Apple have taken a bold step in using their patents against another mobile phone manufacturer, most manufacturers tend to avoid this sort of thing like the plague as the chances are that any two manufacturers of similar technology are infringing a number of each other’s patents. So there tends to be suing and counter-suing, usually followed by a settlement agreement that sees both sides allowing the other to use their patent.
HTC, as a manufacturer, are relatively light on patents, so it’s very possible that Apple are not infringing any (or only a few) of HTC’s patents. There is no doubt at all that Apple will be using technology that is patented by Google and Motorola, so neither will have been seen as a particularly appealing target. It’s also very possible that Apple and Google have legally binding agreements, pre-dating their recent fallout, which allow each to use the other’s patents. So, it looks as though Apple have taken the cowardly approach to tackling Google; rather than going directly at the big guy, they’ve decided to pick on his little brother. Not a particularly admirable move, but undoubtedly a tactical masterstroke – if HTC are involved in a lengthy, and probably expensive, court case, other manufacturers will likely be reticent to release further Android handsets.
So, what’s likely to happen next? Well, I doubt very much that Google will sit around and wait for the result of the legal wranglings: they could take years. The big G have already come out in support of HTC, perhaps a more aggressive move will be made? If there are no written agreements in place between Google and Apple, will we see Google return the favour and sue Apple over patent infringements? Perhaps Google will adopt the same approach as Apple and sue one of Apple’s partners? Apple recently acquired mobile ad company, Quattro Wireless, I daresay there’s a possibility that Quattro have infringed a Google patent or two…
Make no mistake, regardless of HTC’s name being mentioned at the top of the lawsuit, this is very much Apple v Google. The battle lines are drawn, what will Google’s next move be?
Wait till Steve Jobs is making a big mistake or buy out Apple most usefull developers.
Regards Payke
There’s an interesting open letter to Steve Jobs here- http://wilshipley.com/blog/2010/03/open-letter-to-steve-jobs-concerning.html
He makes some good points.
This whole thing just shows how badly the software patent system is undeniably broken. The companies in the game know that, and generally only use patents as a sort of defensive, preventative weapon. The threat of having patents that your competitors will very likely have infringed staves off the threat of them suing you for the patents of theirs which you have infringed.
Jobs has taken an aggressive stance. How it plays out for Apple in the long term remains to be seen. One thing’s for sure, this move certainly hasn’t won them many friends. In fact, it could eventually be a PR disaster as industry experts and pundits are already starting to comment negatively about it.
I’ve always admired Apple as a company and how they go about their business, but over the last few months, some of their (I say their, it’s mostly Steve Jobs’) actions have left a bitter taste in the mouth. It’s sad, but I can’t shake the feeling that there’s some sort of mental breakdown going on at the top.