This conclusion must also be a panel of judges consists of 6 people appellate review. If during the review, the panel of judges decided to keep the original ruling, Apple will have no right to prohibit the import HTC products into the U.S. border.
And worse than that of Apple’s two patents that HTC is accused of violating a wide range of applications, if Apple can use it to shut the HTC’s Android smartphone in the U.S., the company also it is possible to do the same with the smartphone from Samsung, Motorola, LG … In a nutshell, it would be the end of Android.
But the problem is that HTC obviously will not let go down, even with current unfavorable verdict is clear, HTC sitting “under the reference” against Apple Disability. Battle of confrontation between HTC and Apple promises to be even more dramatic performance.
Android will disappear?
Many people have the impression that once the ITC ban Android from the U.S. market, naturally all the Android world … summer will be another missing divers disappeared after just one night.
No. Even in the worst situation is when HTC ITC banning from the U.S. market, Taiwan manufacturers can still sell this smartphone models in the rest of the world. The U.S. market is one of the key markets of all major brands like HTC, Samsung, but not a single market. Losing the U.S. market, can HTC will take a lot of revenue but that’s not the end for Android smartphone.
Moreover, the ITC takes a lot of time handling the claim of this kind. Apple’s complaint took 15 months to reach a preliminary ruling today, appellate and application of HTC will receive a final decision early in December this year. Longer than four months to HTC and its allies “armed” carefully before battle with Apple’s decision.
And in four months it all possible. Remember that in April last year, no one thought that HTC lost in the ITC’s preliminary ruling.
HTC is still fiercely resisted
Apparently HTC will not “leave peacefully” in front of Apple. In addition to the petition of five patents that HTC released to “shot” Waning Apple after Apple sued the company in April last year, HTC now also hold a military post, “sure” more: S3 .
Early in July last HTC spent $ 300 million to buy the company specializes in producing S3 graphics card for a simple reason: S3 now owns two patents that Apple are ITC concluded that the running unauthorized use.
S3 can be an HTC cards to bring out “bargain” with Apple
Even in the case of HTC lawsuit against Apple is not going to result, HTC is holding two posts is the owner of the patent of S3. With two patents, if Apple intends to “play down”, shut off the U.S. market, the HTC manufacturer in Taiwan can do the same thing with iPhone, Apple’s iPad. This tension is likely that two firms come to the negotiating table and end the incident peacefully.
Restraining the front door, can take a detour
In the worst case scenario, Apple HTC will be prohibited from selling smartphone in the U.S. market. But that ruling only applies to the smartphone piracy not effective for the brand or the smartphone HTC Android in general.
This means that Google or HTC can completely replace the components in alleged violation of its products with a plan or even completely eliminate elements that may violate their products to into the U.S. market. And because the two patents that HTC is accused of violating are the features of the software (as opposed to Samsung, HTC is not accused of copying Apple’s hardware).
So the process will probably simply through a software update and not have to put in plants to modify or destroy.
Moreover the two patents that HTC is violating all related factors rather “discreet.” Patent No. 6,343,263 relating to technology for data processing, real-time transmission, literally able to understand the mechanisms movies or other digital content such as photos, music on the network (try to imagine the same such as Youtube).
The first two patents related to the recognition of special sequence of characters inside a text display. Specifically, as the current if there is a sequence number that appears in the message, the HTC phone will know if this is a phone number or not and allows users can dial without retyping. Both of these two features are not the key feature, if they go out or replaced with similar technology users will probably hardly notice the difference.
HTC is also clear and open plan “spleen law” as a representative of this type of firm statement: “As a manufacturer of smart leading edge for more than a decade, we have developed and own technology useful in many areas and we believe we have alternatives to the problems that Apple initiated. ”
No judge wants to kill the competition and hurt the majority interests.
Ultimately the responsibility of judges in particular and the general law is to ensure fairness to society, to protect the interests of the majority of the population. The prohibition Android or HTC can bring fairness to Apple (to assume that HTC actually violate Apple’s patents).
However, the banning or HTC Android smartphone will cause severe consequences for the smartphone industry, eliminating competition, limiting the choice of users and ultimately caused the state monopoly, which American courts are trying to prevent the economy since the country’s bourgeois form.
U.S. court is a court process in many antitrust cases in the world and usually the rulings adverse to the “big”. For the U.S. judge has “antipathy” how the dominant power monopoly market, ask Microsoft for two decades, but they face constant accusations on the issue.
Obviously with the rapid and steady progress, Apple tends to become “Microsoft first 2″, this time in the smartphone market and tablets.
ITC not think what to give Apple a weapon to help Apple Waning championship to climb and then back to federal court seeking a “disarming” giant. However, a judge of the ITC expressed the opposite view through the preliminary ruling last. The question is whether the rest of the panel of judges may share the same identified with him or not?
“Taxable” to “peace”
If Apple wants to follow the plan more moderate, like Microsoft “exploitation” 5 USD each that HTC Android smartphones sold, perhaps we have nothing to worry about. Facing the pressure of the patents that HTC is holding acquisition of S3, unfriendly eyes of the judges, the more likely Apple will choose the “tax” in peace instead insisted “smothered “HTC even in case the company wins in the final decision.
And if really all just stop the payment of extra 50-10 $ / product, then all will mean a little more expensive Android smartphone. But even you may not recognize changes in these prices. And if the situation really happens, then this lawsuit would have nothing to talk loudly.
according VietnamNet
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