William Goodall's Blog

Apple is using its strong patent portfolio to fight iPhone competitors in court. Its latest target is HTC. Apple has filed a patent infringement lawsuit against the cell phone manufacturer. The suit involves “20 Apple patents related to the iPhone’s user interface, underlying architecture and hardware.” Steve Jobs is quoted in a press release saying: “We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it. We think competition is healthy, but competitors should create their own original technology, not steal ours.” The lawsuit itself is not available yet online. We’ve asked Apple for a copy. The lawsuit could be a way to go after Android, although Android is not mentioned in the press release. HTC manufactures some of the most successful Android handsets, from the first G1 up to the latest Nexus One. HTC’s touchscreen Android phones are the most similar to the iPhone. If that is the case, the lawsuit is a shot across Android’s bow and a warning to all Android manufacturers. This is not the first time Apple has gone after a mobile phone competitor. It is involved in similar patent litigation with Nokia. That lawsuit is more about Apple trying to get Nokia to license its patents. And the HTC suit may have the same motivation. But the fact that the lawsuit was filed with the U.S. International Trade Commission (ITC) as well as in a U.S. District Court in Delaware suggests that Apple is really going for the jugular. “The ITC does not award damages,” says Peter Toren, a patent lawyer with New York City law firm Kasowitz, Benson, Torres & Friedman. The only remedy the ITC can award is an order to stop the importation of the infringing product. HTC is based in Taiwan. Apple thinks it owns the concept of the touchscreen Web phone and it wants other cell phone makers to pay for copying the iPhone or to stop altogether. Who will Apple sue next? Motorola? Palm? Research in Motion? Update: The complaint is embedded below. Some of the patents in questions are Patent Nos. 7,362,331, 7,479,949, 7,657,849, 7,469,381, 5,920,726, 7,633,076, 5,848,105, 7,383,453, 5,455,599, and 6,424,354 .

Apple vs HTC

CrunchBase InformationAppleHTCInformation provided by CrunchBase

[From Apple Goes After HTC In Lawsuit Over 20 iPhone Patents]

With all this suing going on it will be interesting to see if some of these patents (Apple’s, Nokia’s and others) actually stand up, and who has to concede what when the dust settles. In several years time…

Though the overall mobile market is slowing—sales are down about one percent for 2009 year-over-year—a slight fourth quarter sales jump balanced the dips during the rest of the year. The good news is all in smartphones, as sales were up a whopping 41.1 percent for the fourth quarter and 23.8 percent overall, according to the latest data from market research firm Gartner. Nokia still commands large but declining chunks of smartphone and overall mobile phone sales, while iPhone and Android devices saw big leaps last year.

Overall mobile phone sales were down about 11 million units for 2009—perhaps good news for the growing concern about the contribution mobile phones make to the growing e-waste problem. Three of the top five vendors saw sales decline over the year, with Nokia down a couple points, and Motorola and Sony Ericsson seeing their shares cut almost in half. Samsung’s share of the mobile phone market is up to almost 20 percent, and LG bumped up a couple points to 10 percent. Gartner told Ars that Apple doubled its share of the overall market from 1.2 percent in 2008 to 2.1 percent for 2009, though it wasn’t enough to put it in the top five.

[From iPhone and Android biggest winners in mobile market in 2009]

Don’t forget RIM.

Bumper year for finger-friendly phones The world’s smartphone makers shipped more touchscreen models in Q4 2009 than at any time in the past – and more touchphones than devices with buttons.…The power of collaboration within unified communications [From Touchscreens take lead in smartphone biz]

And Apple is the leader in touchscreen smartphones.

Apple reports a 50% increase in profits after seeing its most profitable quarter ever over the Christmas period. [From Apple sees profits increase 50%]

These results just mask the fact that they are really beleaguered.