Why Google should break up Motorola - General Topics

Yes, yes, technically the Google-Motorola deal still isn’t final. In other words, anything could still go wrong and Motorola may just back out of the big deal of the moment.
But for now, we’re still all delirious about how Google has announced its near-definite purchase of Motorola Mobility, makers of such landmark phones as the RAZR of yesteryear and the Droid series.
And yet Google is not a hardware firm, while Motorola Mobility (let’s just call them Motorola for simplicity) is all about the hardware. So pundits have been abuzz about how Moto may not be a good fit for the Google ad-based ecosystem, or how its presence in Google’s arsenal could actually be a liability when dealing with other phone makers.
Well, here’s what I think: I think it can work… but Google will have to break up Motorola.
The way I see it, Motorola has four core sources of value:
•The patent portfolio, which has been Google’s target all along
•Manufacturing capabilities
•People and talents
•The brand legacy
Google needs two of these cores and can do without the other two. Can you guess which ones?
Yup. Patents. And people.
Therefore, if I were Google CEO Larry Page, here’s what I’ll do after the acquisition process has been completed:
•Move the patent portfolio from Motorola’s assets into Google’s assets – yup, let Google own them directly
•Reorganize Motorola so that Google gets to pluck some of their more brilliant groups and talents. Larry Dignan of ZDNet says there’s gold in Motorola’s enterprise sales team. I’d go further and say take them out and create a separate Google-Moto enterprise SWAT team to help bundle the entire Google experience
•Spin off Motorola into a fully-owned but autonomous design and manufacturing operation, with a Google-appointed board of directors… and with no patents of its own for now
As a Google-owned corporation, Motorola benefits from getting cheap (or free) use of the patent portfolio which it developed in the first place. And they still get to do their own thing like before… except now they have to do Android the way Google wants them to do Android. Bonus: no cash flow worries.
And with Motorola being a separate entity, partners like Samsung and HTC will have peace of mind.
Extreme case: Google strips all patents out of Motorola, and then SELLS Motorola off again since it doesn’t have any use for a hardware firm.
Google, meanwhile, will find itself in the pleasant situation of becoming a patent repository. They will realize that a patent is, after all, information… and hey, they’re in the information business, right?
So this may lead to a potentially new business model. Right now, they have Google Patents, and it serves only as a helpful but non-revenue-generating search engine. But what if it could become a revenue-generating search business too?
What if businesses search for patents that they need and, right next to the results entries, they can click on a rights purchase plan that they can take right there and then? Google then becomes the financial intermediary between inventors and commercial developers… and they get a royalty cut per unit sold.
In the scheme of things, 17,000 patents isn’t that much, but it’s a start. Google can now start commercializing these patents and putting price tags on them, available to whoever wishes to get them. And maybe pricier if you happen to be Microsoft or Apple.
Far out? I don’t think so. It may not happen exactly this way, but I think something like it is inevitable in the future.

I'm not sure if you know, but Motorola is separate from Motorola Mobility. The company split in two earlier this year I believe. Hence why Motorola phones now have red Ms as logos to signify Motorola Mobility. So Google is buying the mobile phone portion of Motorola, not Motorola as a whole.

And Google being in the business of hardware is not a bad thing. They will set the standards for builds and hardware that will (hopefully) unify the other Android manufacturers. They aren't out for blood with this move, they are out to:
1. Create a solid and unchanging platform model to develop their OS against.
2. Protect themselves from Apple.
3. Protect competitors of Motorola from being sued by Motorola.
I don't see this as a vicious take over of the Android hardware arena, but more as an attempt to unify, set standards, and cover their butt. Apple is acting like a-holes, so this HAD to happen. If this was about cornering the market in hardware, they would have taken the open clause out of Android completely.

majorpay said:
And Google being in the business of hardware is not a bad thing. They will set the standards for builds and hardware that will (hopefully) unify the other Android manufacturers. They aren't out for blood with this move, they are out to:
1. Create a solid and unchanging platform model to develop their OS against.
2. Protect themselves from Apple.
3. Protect competitors of Motorola from being sued by Motorola.
I don't see this as a vicious take over of the Android hardware arena, but more as an attempt to unify, set standards, and cover their butt. Apple is acting like a-holes, so this HAD to happen. If this was about cornering the market in hardware, they would have taken the open clause out of Android completely.
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I agree. Apple is a software company who outsources their hardware manufacturing; They don't make their own parts. But people assume and treat them like they do. "OMG the iPhone 4 is beautiful, Apple builds them so well too". No, Apple DESIGNED them, but they didn't BUILD them. All the credit is given to Apple. You see what I'm getting at?
Google doesn't have a "face" in the market. The average person doesn't know Android is made by Google (who actually didn't make it themselves to begin with, but that's another story). At least now people will have a brand to associate with Google.

Product F(RED) said:
I agree. Apple is a software company who outsources their hardware manufacturing; They don't make their own parts. But people assume and treat them like they do. "OMG the iPhone 4 is beautiful, Apple builds them so well too". No, Apple DESIGNED them, but they didn't BUILD them. All the credit is given to Apple. You see what I'm getting at?
Google doesn't have a "face" in the market. The average person doesn't know Android is made by Google (who actually didn't make it themselves to begin with, but that's another story). At least now people will have a brand to associate with Google.
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In most cases (getting technical), Apple actually didn't design anything either. They either acquired the I.P. through buying other companies, or in other cases, they license a third party manufacturer to create something that is pretty much the same as everything else, except with proprietary functions and perhaps a unique case design. Look at the state of their modern PCs. They are, for all intents and purposes, nothing more than a PC, BUT they contain some proprietary interfaces to ensure a lack of compatibility.
As far as Google having a name in the hardware arena, Motorola has always been that face, as anyone who has heard of Android has heard of Droid, and by by-proxy Motorola (of course, their fame extends to the Razr as well in the mobile sector).

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(NEWS 6/11/10) HTC suing APPLE!?

WHAAAAT HTC trying to take down the iPhone!?
HTC has achieved somewhat of a moral victory when their May 2010 patent counter claim at the International Trade Commission against Apple was not laughed out of court.
The International Trade Commission said it would take up the investigation, which has to do with "certain portable devices and related software."
HTC claims Apple infringes 5 of their patents, and is asking the commission to ban the imports of key Apple mobile products into USA. Typically the ITC moves much faster than federal courts, and we could see the whole issue come to a head in only a few months.
HTC is responding to an earlier patent challenge involving 20 patents which Apple took to the ITC and the U.S. District Court in Delaware.
While the patents appeared mostly directed at HTC’s Android work, HTC has recently entered into a licensing agreement with Microsoft which ironically may provide some protection for their Android products.
So really what HTC is saying is: "WE ARE NOT! going to let you walk all over us" because suing... is a game of 2.
Full article can be found Here​
Oh thank God someone has the balls. It's probably too much to hope that Apple's new iPhone gets delayed, or even better...recalled...lolol.
Could you imagine the look on the poor schmucks face at the moment he goes to get his shiny new POS iPhone rung up and the clerk goes, "Whoops, sorry buddy, but I can't sell you this!". Will there be a black market for iPhones?
Again, if only if only...it's just too much to hope.
~Jasecloud4
lol I don't want to rain on anybody's parade through Cupertino, but this is actually fairly standard practice in patent law (and other types as well)...this countersuit is HTC's way of saying "No, we're not going to settle, and we're fully prepared to go 9 rounds with you over this". Companies often do this as a way to strengthen their legal position when defending against the original claims. i.e. "not only are we not infringing on your patents, you are infringing on ours!"
So, yes it's a good sign that HTC has chosen this route vs copping to a quick settlement or licensing terms...but it's not exactly groundbreaking either.
I know, but sometimes lawsuits can have unexpected results. Maybe I just hate Apple a little too much, but massive recalls, psychotic hysteria on the part of Apple users at the loss of their iPhones, and an overall general anger at Steve Jobs is a small part of dream I have lolol...
I think this was posted a while back on Engadget. Anyhow, this is a good thing. It shows how far HTC has come.
It's unlikely that Apple will lose the case, but I'm certain that HTC can get them to drop the bull****.
Patents in the US are so horribly executed.
jasecloud4 said:
I know, but sometimes lawsuits can have unexpected results. Maybe I just hate Apple a little too much, but massive recalls, psychotic hysteria on the part of Apple users at the loss of their iPhones, and an overall general anger at Steve Jobs is a small part of dream I have lolol...
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LOL yes I admit that's a damn funny vision
PoisonWolf said:
Patents in the US are so horribly executed.
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Amen! There's companies that make more off of their patent portfolios than from any actual prodcut or service they sell, and it's worse in the IP sector than anywhere.
Dude the only reason I hate apple is because they think they OWN YOU I mean think about it steve jobs iPhone is COMPLETELY DIFFERENT than HTC.
HTC says you need a phone that gets you and apple says YOU NEED THIS phone just because we are apple.
I hate that! its like monopoly all over again! ITS ABOUT DAM TIME SOME ONE STEP UP TO THEM!
even if HTC won, apple wouldn't be made to recall the product. They can't, once its sold it's sold (unless its an app from the app store, or a book on the amazon reader thingy where they can just delete it, of course, hehe, and even then, most lawyers agree that would be technically unlawful))
You, the buyer cannot be penalised for the sellers law breaking/mistakes. There won't and never will be a forced recall in these cases.
no they wont recall the phones yet they will spend millions rectifying software on the iPhone in order to step outside of infringements which is good enough for me as Apple are self obsessed wan**rs in my personal experience buying Apple products quickly reflects upon your own personality too,
HTC in my opinion are just flexing their Muscles that they have acquired by taking some microsoft steroids but in all fairness it is about time Apple get slapped in the face - maybe this will make them realise they cant do what they want
i love legal battles between companies especially smaller vs bigger, and in this case the smaller will probably win =]
I'm so happy this took a strange turn. HTC should have a voice... they have been producing touch screen phones far longing than apple. i think HTC knows they screwed up leaving Microsoft in charge from developing state of the art touch technology. i don't think its right for one company to with hold such a standard feature. Its like Intel saying they patented the computer's cpu and chipset, and motherboard, so anyone else following this directly be sued. also suing for monetary is lame, but suing to peace is acceptable in my book. everyone wins (besides neither will ever win the war, but rather pay to win one expensive battle, which are crippling fees to lawyers and officials who decide their fate. Since they both bring in lots of cash flow, this system wont allow this monopoly to happen) In the end they'll just compete with technology, which as a consumer we get the best technologies for the lowest price point (currently apple wants to put that hurting on consumers wallets.
Apple is afraid. it has been confirmed that T Mobile USA will launch apple product next month in July. Apple has expanded its market in despite of android replacing the popular growth of Blackberry users. Now apple wants a piece of that market, and they have agreed to jump into other markets to obtain that. apparently At&t can only pay for a timed launch for a product and can not force another company to deal directly with them, unless of course they purchase that company out...
This has been on the HTC website for some time now. I'm surprised nobody made a thread about this sooner....

Android vs iPhone War

April 5th, 2011 by Andrew Greenfield
Today’s myth has brought up quite a stir in the community recently. The Android vs iPhone war is bringing a lot of people back to the Mac vs PC wars of the 90’s. So what’s the myth today? The ol’ “it’s one device vs a million” cover.
“Of course android has a greater market share. If I gave away a bunch of phones for free it’d sell better than the iPhone too even if they were crap. You’re comparing a phone to an OS, that’s not fair. How many android phones are beating the iPhone. Zero. Developers would rather develop for one phone than a hundred that are so severely fragmented that half the apps don’t work. Also, Google makes NOTHING on their phones. Apple makes a killing on the iPhone…” (goes on to make nerd jokes and the whole “all Android users still live with their mothers” thing)
It’s beautiful isn’t it? While yes, both of these parties have these people, the fact that the competition is so good that these people exist is great for business. While it’s easier to see competition helping in Android than iOS (only because Android is updated more frequently), both parties should be thankful for the other. Without this kind of competition our phones wouldn’t be half as good! Enough drooling over the free market…
“You’re comparing a phone to an OS, that’s not fair.”
I see this comment a lot, and honestly, I’m really confused why the hard core Apple supporters continue to use this. Yes, iOS is only on one mobile device (technically more if you count the fact that the iPhone 3G is still being sold). Yes, it is true that if you include iPods and the iPad iOS probably has a greater user base than Android. But that’s not what this war is about (at least yet…Tablet wars are definitely in the future). This war is about which company can put more phones in people’s hands. We (as in the Android community) are not comparing a phone to an OS, we’re comparing a mobile OS to another mobile OS. It’s Apple’s choice to only sell one device. It’s a great thing for their bottom line and right on par with the company’s brilliant business strategy. However, the fact that Android phones are now selling faster than iOS phones (note, iOS phones, not “the iPhone”) means that the market is shifting to Android and away from iOS….Which brings me to my next point:
“Developers would rather develop for one phone than a hundred”
This is false, and precisely why market share is important. Think about it this way: You’re selling girl scout cookies. You have the option to sell to one neighborhood that is admittedly, much more prone to buying your cookies. Or you have the option to sell on a county level. Which would you pick? Anyone with an understanding of economics would pick the latter. The larger your market, the more opportunities you have to make money. This is why developers think Android will be the best to develop for. It’s the same thing Apple did to RIM. Why would anyone choose to make an app for Blackberry when they can make it for iOS and have an audience that’s many times larger. If you look at it from a third party point of view, those companies will back the OS that has the most users. It’s exactly what happened during Mac vs PC. Only now (with Apple’s impressive growth in Mac sales) are programs being developed for both (here’s to hoping Engineering software will soon be brought to my Macbook Pro!). It’s a vicious cycle. If you fall behind in market share companies stop developing for you. If they stop developing for you, you lose customers (market share). The cycle continues and continues. It’s what happened to Apple computers in the 90’s, it’s what’s happening to Palm and Blackberry now, and it’s what happened to the PSP in its early scraps against the DS. Do I think this will happen to iOS? Absolutely not. iOS is too good and has too large of a user base to be pushed out of existence. However, it should worry the iPhone crowd that as Android continues to dominate you may have to worry about whether Andoid apps will be ported to iOS instead of the other way around.
“…so severely fragmented that half the apps don’t work”
There are two ways to answer this. First, I could make the point that most apps require 2.1 or higher, and 80% of Android users have at least 2.1. Secondly, I could bring up the notion that most of the people who REALLY care about their phone aren’t on the few that are running something under 2.x. The small share of Android users that are obsessed with their OS probably own the latest and greatest Android phone. Does my mom care that she has 2.1 on her phone? No. I don’t even think she knows what that is, let alone when she’ll be upgraded. The fact of the matter is is that the majority of the market won’t care if they have an older OS than the person sitting next to them as long as their phones work. Will older phones be useless eventually? Yeah, I can’t argue that the few people that are still running 1.5 are probably running into a lot of problems. However, the amount of people upset with their 1.5 phone aren’t even CLOSE to the people who have an iPhone 3G and are upset with how iOS 4 crippled their phone. It is important to note that not ALL iPhone 3G’s are slowed to a crawl with iOS 4, but the product was widespread enough that Apple is still offering fixes and updates to help out. 4.3 is MUCH better than 4.0, but a lot of 3G users still say that the problem is getting better, but not fixed (this only caught my attention because one of my good friends has the iPhone 3G problem and sent me this funny video to explain to me why she was praying that the iPhone 5 comes soon). I’m not pointing fingers, I’m pointing out that EVERY technology company has this problem; it’s just pointed out with Android more often because of how quickly it upgrades. Is it a “bigger problem” on Android than on iOS? Yeah. But it’s not half as bad as anti-Android enthusiast claim it to be, and whatever OS camp you reside in has the same problems.
“Also, Google makes NOTHING on their phones. Apple makes a killing on the iPhone.”
This statement is true. Apple makes a lot of money on their phone sales, Google makes next to nothing (if not nothing) on the their phone sales. However, unless your bottom line depends on Apple’s, this means nothing in this debate; but that’s for another time. The fact of the matter is is that these are just different approaches at making money. Apple’s business strategy is probably the best of any company out there right now; I can’t think of another company (except maybe Nintentdo) that is having more fun rolling around in their money. They make a lot of it. Google isn’t exactly hurting though. While Apple banks its earnings on the immediate sale, Google looks more long term (and even if you like Apple’s strategy better, you have to admit Google as a company knows what it’s doing…how often do you use Yahoo search?). They know if they put the device in your hands, you’ll buy apps, you’ll search, you’ll hit ads, you’ll use Google appliances, etc. Apple takes the “less devices, more money per” approach and Google takes the “more devices, less money per” approach. Both work in their own right. Apple has been doing it for years and they’ll continue to be immensely successful at it. They’ve never given a crap if Macs beat PCs in sales. They could be selling one Mac for every 400 PCs for all they care, as long as that one Mac is still pulling in as much money (and probably more) than the 400 PCs. Same with iOS. Apple users are so excited to have been the top dog in OS for once. They fail to realize that that’s not Apple’s business strategy. iOS will more than likely not be the most used OS in the mobile world at the end of the day, but who cares? Apple will still make a killing on the large market they still have. If you don’t believe me look at video game companies. Nintendo is the only company that makes money off selling its consoles. They make money on every DS and Wii they sell. They’ve been around for years, clearly their strategy works. Microsoft and Sony (Sony especially) take HUGE hits when they sell a console. Before costs were reduced, Sony took some $100 loss for every PS3 sold. They banked on making money once the device was in the consumers hands. They’d buy games and other services to negate that loss and eventually turn a profit. Both Sony and Microsoft are still around, so clearly their business strategy works. Just because you don’t agree with a business strategy doesn’t mean it isn’t successful. Tell either Apple or Google that they need to rethink their business strategy and they’ll walk away laughing.
Closing Thoughts
Anybody can take facts and spin them towards their preference. The original quote was taken from someone who took facts about Android/Apple and spun them towards Apple. I took the same facts and spun them towards Android. The fact of the matter is is that neither of these companies are in any danger of being phased out. Android has a lot of work to do before it truly passes iOS as the preferred OS, but at the same time iOS has a lot of catching up to do to be able to compete with the innovation of Android. This is how competition works. Now, as a consumer, sit back and reap the benefits; whichever device you prefer.
http://www.talkandroid.com/36011-debunking-the-sheep-part-3/
Awesome article, i have both the iphone and an android phone, xperia x10. im gonna post this article on my facebook page just cause this morning in my status i posted that i would use both and see which is user friendlier. Then came all the hate, but it really just comes down to preference. Ios and android are going to rule the mobile os for now and both will be succesful. The debate mostly comes from new android user and some old iphone users and how the newer version of android are actually as user friendly as an iphone. Iphone was on its own for a while but since the newer version of android, more and more people are as satisfied with the their android devices
AT LAST!Someone who speaks with reason on the matter!I don't care whether you prefer iOS or Android,I just care that you have a balanced opinion on the matter.It all comes down to personal preference.What do I care if the guy/gal next to me prefers a different OS than I do?Yeah,I'm one of the guys who use Ubuntu as their daily OS on my PC,so what?Does that make me better or worse than the guys who use Windows or Mac?No.Same with phones.
More people should read your article.From me you have a well earned thanks.
Nice article
.......or you can just remember the old saying "arguing on the internet is like special olympics, even if you win, your still retarded" , and do something better with your time ....
no offense at op , but the average fanboy is dumber than a rock and even worse with apple
Lawl no one cares for WP7? xD
I really love my Apple products, and that includes all sorts of things (even some screwdrivers, hats, pens, water bottles ...)
But my iPod touch 1g is running Android. Apple has dropped support for me with that product, and I figured I may as well do the same thing to them with it
Sent from my DROID2 using XDA App
Yes... sadly enough WP7 is done for in a few ears...
The argument is APPLES and ORANGE.......... or to put more succinctly a non-sequitor
Apple market approach is and has been always has been to market the image and sell the image " only apple is unique or the best, only the best people, etc."
This is a piggy backed approach from the IPOD basis, which capitalized on online music in a mp3 format. It was and is a successful. But,... they're approach still states that they sell you WHAT THEY think is pertinent and decide on what you need, then charge you retail plus 20% for it. It is and still remains a locked and closed system. Creating a image fervor much like when xbox 1st came out, ...long lines customer fights etc.......... 2-digit mob mentality.......... they are good at this .....and it shows.
Android, on the other hand was not created to be closed system since it was based on Linux, it was open source, and the effort was to see if the public would drive development as well as create the new market that would automatically follow...... in essence a novel experiment.......... The result speaks for itself. An open more stable platform that has been embraced around the world. People need to remember that the market is not USA or Europe, but the Entire World. And that, Android has taken over and will continue until the market share of the Iphone IOS will be that of the Mac to the Windows platform. A solid following but, a minority player.
THE DANGER,---- is if Android then is turned upside down by Google, who then figures we are all addicted so now pay up or no support.......... I personally do not think this will happen, BUT... then I don't trust any corporation at all and so, I never let my guard down.
Like I said different animals vying for the same market................
^_^
thank you for your objective approach.

Motorola to collect IP royalties from other Android Makers

Seems a very strange move.
unwiredview said:
As you have probably heard, a major patent war is raging in mobile industry, and competitors are ganging up on Android, exploiting Google’s weakness in intellectual property assets. Mostly by suing manufacturers of Android devices for various patent infringements. If Google loses in this fight, Android vendors might have to pay $60 per device in patent fees eventually. It’s no wonder many people are worried about Android right now.
Amidst this Android patent insecurity, Motorola recently started touting the strength of its IP portfolio. Nothing surprising here. Motorola is one of the oldest players, with one of the strongest patent portfolios in the industry. Heck, they invented the mobile phone and have been at it for decades. If other mobile industry players decide to go after Motorola’s Android devices, Moto has a lot of patents to retaliate with.
However, things made a turn for the worse few weeks ago. During its Q2 earnings conference call Motorola hinted that it is ready to join Android patent racket, and start demanding licensing fees for its IP from other Android manufacturers.
This week Motorola’s CEO Sanjay Jha reiterated this message, and made it even more clear – they do indeed have plans to start collecting IP royalties from other Android makers
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http://www.unwiredview.com/2011/08/...ollect-ip-royalties-from-other-android-makers
Another excellent reason to avoid Moto products. You'd think they would be hitting back, not jumping on the bandwagon.
Dirty pool Moto.
I doubt google will standby and let one of their licensees attack the rest.
LOL... They should focus their strong patent pool on the largest threat (Apple). Not that I encourage this behavior from any company, but they (Android manufacturers) should be banding together right now to take down Apple, as it's not each other they have to fear.
I hope some of these greedy companies go bankrupt ...
Tone_ said:
I doubt google will standby and let one of their licensees attack the rest.
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Right... by buying Motorola. No biggy.
What now
That will be interesting with the new possible Google acquisition.
moot point with the google acquisition in hand

WOW!: Apple Wins Final U.S. Patent Ruling Banning Some HTC Phones

By Susan Decker - Dec 19, 2011 3:46 PM GMT-0800
Apple Inc. (AAPL) won a patent-infringement ruling that bans some HTC Corp. (2498) smartphones from the U.S. starting next year, bolstering efforts to prove that devices running Google Inc.’s Android operating system copy the iPhone.
The U.S. International Trade Commission, in a review of a judge’s findings in July, said yesterday that HTC is violating one Apple patent related to data-detection technology and issued a limited import exclusion order that takes effect April 19.
“HTC will completely remove it from all of our phones soon,” Grace Lei, general counsel for Taoyuan, Taiwan-based HTC, said in an e-mail. The six-member commission determined that three other patents in the case weren’t infringed.
While less than what Apple sought, the ruling gives the company its first victory in patent cases designed to slow the growth of Android, which former Chief Executive Officer Steve Jobs claimed “ripped off the iPhone.” Apple has one other case against HTC, as well as complaints against Samsung Electronics Co. and Motorola Mobility Holdings Inc., and is involved in more than a dozen other cases before the trade commission.
“The battle between Apple and Android is going to continue,” said Peter Toren, a patent lawyer with Shulman Rogers in Potomac, Maryland, who has been watching the cases. “I’m not sure this decision, the way it is, is enough to push the parties to settlement. Apple doesn’t have the leverage of a total exclusionary order.”
Nexus One
The list of affected products and a full reason for the commission’s decision, which is subject to appeal and a presidential review, wasn’t immediately made public. Apple’s original complaint named HTC’s Nexus One, Touch Pro, Diamond, Tilt II, Dream, myTouch, Hero and Droid Eris.
Kristin Huguet, a spokeswoman for Cupertino, California- based Apple, declined to discuss the possibility of a settlement. She repeated the company’s position that “competition is healthy, but competitors should create their own original technology.”
Representatives from Google had no immediate comment.
The ruling is the first definitive decision in the dozens of patent cases that began to proliferate in 2010 as smartphone makers battle over a market that Strategy Analytics Inc. said increased 44 percent last quarter from a year earlier to 117 million phones worldwide. HTC, the second-largest maker of Android phones, used its partnership with Google to help transform itself from a contract manufacturer founded in 1997 to the biggest U.S. smartphone seller in the third quarter.
HTC Sales
HTC generated about $5 billion in U.S. sales last year, according to a separate patent complaint it filed at the trade agency against Apple. That’s more than half of HTC’s $9 billion (NT$275 billion) in global sales last year.
The commission’s order applies to new phone imports and doesn’t force HTC to pull existing devices off U.S. store shelves. The company can import refurbished phones to fulfill warranties or insurance contracts through Dec. 19, 2013.
“This exemption does not permit HTC to call new devices ‘refurbished’ and to import them as replacements,” the commission said.
Apple’s so-called ’647 patent covered a feature in which the phone recognizes a telephone number so it can be stored in directories or called without dialing.
“The ’647 patent is a small user interface experience,” Lei said. The company is pleased with the commission’s overall decision, and “we respect it.”
IPhone 4s, Galaxy
HTC phones accounted for 24 percent of the U.S. smartphone market in the third quarter, based on shipments, Palo Alto, California-based researcher Canalys reported Oct. 31. Samsung held 21 percent of the market, and Apple 20 percent. The market is volatile, and the Apple iPhone 4s that went on sale in October and Samsung’s newest Galaxy phone are likely to change the rankings for the fourth quarter.
Apple contended in its complaint that the HTC phones infringed four patents. Administrative Law Judge Carl Charneski in July sided with Apple for two of the patents: the data- detection one and the other covering the transmission of multiple types of data. The commission overturned the judge’s findings on that patent, and affirmed his determination that the remaining two patents weren’t infringed, which covered ways software programs are written and executed.
The commission, a quasi-judicial arbiter of trade disputes with the power to block products that infringe U.S. patents, chose in September to review Charneski’s findings.
‘Destroy Android’
Apple has a second complaint pending before the commission that claims other HTC smartphones and Flyer tablet computers infringe five patents related to software architecture and user interfaces. Apple also has cases before the trade commission and in district courts against Samsung and Motorola Mobility, which Google agreed to acquire in August.
The fight can be traced back to a decision by Jobs in March 2010 to file the HTC case, the first patent complaint by a device maker targeting Google’s Android operating system. Jobs, who died Oct. 5, made it his mission “to destroy Android,” which he said “ripped off the iPhone, wholesale,” according to Walter Isaacson’s biography of the Apple founder.
HTC has retaliated with two trade commission cases against Apple, one submitted last year and one in August. HTC lost a preliminary ruling by a judge in the case filed last year, a decision that the commission is now reviewing. The other case has yet to be decided. S3 Graphics Co., a company HTC agreed to buy in July, also has two commission cases against Apple, one of which Apple won last month.
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Google, which hasn’t been named in any of the Apple cases, denies copying the iPhone and said in a filing that Apple is trying to control the U.S. smartphone market through litigation.
HTC’s Android devices “are helping prevent Apple’s iOS from becoming the sole viable mobile platform and thus ‘locking in’ consumers and software developers to that platform,” Google said in the Oct. 6 filing.
Google’s Android accounts for about 70 percent of the smartphone operating systems used in the U.S., according to Canalys. Mountain View, California-based Google licenses Android to handset makers for free as a way to further its business of selling display and search advertising on mobile devices.
Google’s share of this year’s estimated $2.1 billion U.S. mobile-ad market will expand to 24 percent from 19 percent in 2010, Framingham, Massachusetts-based researcher IDC said Dec. 13. Millennial Media Inc.’s slice may climb to 17 percent from 15 percent, and Apple’s will decline to 15 percent from 19 percent.
The case is In the Matter of Certain Personal Data and Mobile Communications Devices and Related Software, 337-710, U.S. International Trade Commission (Washington).
This is hardly a win for Apple if you look at the facts of the case:
- Only android 1.6 - 2.2 devices are affected
- HTC has already stated they will be working around this to remove the infringing item from their phones
- Out of an initial ten patent violations alleged by Apple, the ruling has been in Apple's favour 'only partially' for one patent.
Yes it is extra work for HTC but not the nightmares that were painted in the press. And *it does not effect new devices*
I first read about it here:
http://gizmodo.com/5869507/htc-android-phones-are-being-banned-from-the-us-next-year
droidwizzo said:
This is hardly a win for Apple if you look at the facts of the case:
- Only android 1.6 - 2.2 devices are affected
- HTC has already stated they will be working around this to remove the infringing item from their phones
- Out of an initial ten patent violations alleged by Apple, the ruling has been in Apple's favour 'only partially' for one patent.
Yes it is extra work for HTC but not the nightmares that were painted in the press. And *it does not effect new devices*
Click to expand...
Click to collapse
Good!
I know it's a long shot, but I do hope this shallow victory deters Apple from trying to use patents as a weapon. Why can they just go back to innovating things and beating the competition through trying to be better?
Sigh, I miss Y2K-era Apple...
nak1017 said:
Good!
I know it's a long shot, but I do hope this shallow victory deters Apple from trying to use patents as a weapon. Why can they just go back to innovating things and beating the competition through trying to be better?
Sigh, I miss Y2K-era Apple...
Click to expand...
Click to collapse
Why do many sectors of industry fight against knock-off and copies? Answer that and you'll have the answer you seek.
Apple sauce is slimey and another big brother corporation!
MartyLK said:
Why do many sectors of industry fight against knock-off and copies? Answer that and you'll have the answer you seek.
Click to expand...
Click to collapse
evrey 1 copy appul. herp derp. appul invent smartpone and mp3 player. Herp a derp.
Things apple copied:
fruit
Phones
3G
Bluetooth (Although they made it semi-unique by crippling it)
Mobile operating systems
Microsoft
Lies (especially in advertising)
Steve Jobses DNA
Android
Shops
1 gig processor
fanbois
Samsung (They get samsung to sopy their own stuff for them)
LG
LG Prada
Trolls
Reality distortion field
Themselves
Ubuntu
The linux penguin. (He was cool long before apple)
coolness (Other, mainly only percieved by other apple fans)
Delusion
Windows
Satan
Obviousness (once again especially in advertising, "Herp - If you don't own a eye pad well you dont own an eye pad -derp"
All of these companies are taking losses with this whole patent war
hungry81 said:
evrey 1 copy appul. herp derp. appul invent smartpone and mp3 player. Herp a derp.
Things apple copied:
fruit
Phones
3G
Bluetooth (Although they made it semi-unique by crippling it)
Mobile operating systems
Microsoft
Lies (especially in advertising)
Steve Jobses DNA
Android
Shops
1 gig processor
fanbois
Samsung (They get samsung to sopy their own stuff for them)
LG
LG Prada
Trolls
Reality distortion field
Themselves
Ubuntu
The linux penguin. (He was cool long before apple)
coolness (Other, mainly only percieved by other apple fans)
Delusion
Windows
Satan
Obviousness (once again especially in advertising, "Herp - If you don't own a eye pad well you dont own an eye pad -derp"
Click to expand...
Click to collapse
ROFL.... Hahhahahahaaa. I love this post, although I'm not in complete agreement with that.
Steve Jobs made it his "MISSION" to destroy Android... Whoa! Either that's a statement made by the media, or Late Mr. Jobs was an arrogant dummy. Methinks it'll turn out to become... MISSION: IMPOSSIBLE.
theultimate1 said:
Steve Jobs made it his "MISSION" to destroy Android... Whoa! Either that's a statement made by the media, or Late Mr. Jobs was an arrogant dummy. Methinks it'll turn out to become... MISSION: IMPOSSIBLE.
Click to expand...
Click to collapse
Honestly, the man seemed to be filled with a lot of hate near the end there so I kind of believe it's something he would say... I don't think he was a dummy, but it is sortof sad.
You know everyone's making a huge deal about this when it only covers 1.6-2.2 do you know any device on the market that sells with 2.2 on it everything's on 2.3 even the cheap budget phones
LOL exactly
if i were managing HTC, i'll simply pull those outdated phones off the shelf and replace them with another dozen of low budget HTC phones on 2.3 or 4.0 as they always like to do
it'll cost them less, than spending man hours and pushing a new ROM and convince people to use the new ROM with the replaced apps
and we all know older 1.6 phones wont be able to use any updated OS, so it'll pointless
it seems now Apple want to be the top brand of smart phone and for that they have to beat rivals like android etc because they know that some HTC phones are much better than the iPhone and just want to get rid of every smart phone maker by using court
I kinda have mixed feelings here. I hate Apple with a passion. I also hate HTC because their from from way back in the day sucked. I guess the lawyers/judge were all Apple sheep with their iphones and what not. lol
I know its not a "big" win, but in the law world it is a win and helps Apple set some precedence in any other patents cases. Apple, why you no like competition?
Well, even if Apple did won, it's not that big of a victory from what I see. In fact, HTC has already made a workaround according to cnet: http://cnet.co/sC3XnE. I'm thinking HTC has foreseen this and created one before hand just in case.
Not that hard to work around. And well, why are they afraid of competition? Because as soon as Apple sheep see a CHEAPER, and BETTER device that is just as dumbafied for them, they'll surely jump on a new bandwagon. For a corp that feeds solely offa those people, I'd be scared of losing them too.
A P P L E=Assholes Placing Patent Lawsuits Everywhere.
Someone needs to stop this madness!
sooyong94 said:
A P P L E=Assholes Placing Patent Lawsuits Everywhere.
Someone needs to stop this madness!
Click to expand...
Click to collapse
Oh man, I really like that!
sooyong94 said:
A P P L E=Assholes Placing Patent Lawsuits Everywhere.
Someone needs to stop this madness!
Click to expand...
Click to collapse
I like that. Someone make a t-shirt out of it so I can where that at the Apple store!
Anyways, this is one of the many reasons why I don't like Apple. I like to say they are arrogant but it's not due to their products or pricing, but due to how they rather use patents to kill healthy competitors instead of thinking up newer and better ideas for their products. They rather kill and destroy innovation rather than allowing others to embrace it. If Apple keeps this up, the mobile market could might as well stay stagnant.

Rumoured discontent? Are Manufacturers dragging their feet with Android development?

Well topic/discussion purposed is Samsung's muddled delivery of ICS part of a larger rumoured back lash from manufacturers whom seem to be upset at Google for three reasons? First is Google’s acquisition of Motorola mobility apparently still doesn’t sit well with OEM's, the discontent has been amplified by reason number two. Some still don’t buy the party line of patent purchase only. This seems ungrateful from an outsiders point of view should this speculation hold true.
See such an article here:
http://www.androidauthority.com/google-motorola-deal-android-manufacturers-73966/
Second is Google trying to execute more control as many in blogs and tech articles have suggested Google should. This has been to address the issues of diversity and “fragmentation” that Google has faced criticism for. To what degree is Google executing control still remains to be seen. On a side note I and others have suggested the OEM’s give a stronger and narrower focus with fewer new devices but more polish and support.
Third is that Google with Android has not shown the preferential treatment the big players would have preferred; allowing smaller brands to gain ground and market share using this open platform. Brands like Archos, ZTE, and Huawei. Also allowed ASUS to gain a foot hold in the mobile market, ASUS who now seems to have a strong relationship with Google.
Samsung’s fudged ICS upgrade alone may mean nothing. But with HTC recent delivery and overhaul of ICS, combined with Sony decision to possibly hold ICS upgrades because it feels they miss the mark of quality could be indications of such unrest with the Manufacturers is more than just rumours. If such unhappiness is present and being actioned or plotted that’s where things turn interesting or concerning.
Many would think this unwise considering the lack of success with Manufacturers own proprietary OS’s. Nokia's Symbian slowly lost out, Bada is nowhere near the success Sammy had hoped for, despite cited as being more popular at the beginning of this year than Windows Phone. Meego didn't see much of a life.
Let me hear what you have to say on this topic
I think regarding the purchase of Motorola, it is definitely seen as simply a patent buyout. There are plenty of rumours of them already trying to sell the hardware side of Motorola.
Gaining 17,000 (or was it 12,000) patents is going to be a very good thing for manufacturers, knowing that they are much less likely to be sued with the added protection from the extra patents. However, if rumours are true and Google is looking to sell to Huwaie (?) then that will be another manufacturer up there all vying for a shot at the big time. The good thing is competition breed competition, so we will see devices continuously being updated and bettered, whereas the iPhone will not see this at such a rate.
I think Google trying to take a bit more control over Android is overall a good thing, even if manufacturers may not like it so much because it means it is harder to put out the cheaper handsets that have been selling so well.
siravarice said:
I think regarding the purchase of Motorola, it is definitely seen as simply a patent buyout. There are plenty of rumours of them already trying to sell the hardware side of Motorola.
Gaining 17,000 (or was it 12,000) patents is going to be a very good thing for manufacturers, knowing that they are much less likely to be sued with the added protection from the extra patents. However, if rumours are true and Google is looking to sell to Huwaie (?) then that will be another manufacturer up there all vying for a shot at the big time. The good thing is competition breed competition, so we will see devices continuously being updated and bettered, whereas the iPhone will not see this at such a rate.
I think Google trying to take a bit more control over Android is overall a good thing, even if manufacturers may not like it so much because it means it is harder to put out the cheaper handsets that have been selling so well.
Click to expand...
Click to collapse
So far Google hasn't appeared to have had much influence on Motorola, many because it hasn't been fully approved/finalized. Oddly enough the hold up is China. The strength of the rumour Google selling the Hardware division to Hauwei is the ability to capitalise on the lucrative Chinese market where Android already is dominating.
Time will tell about the patent side, although no evidence is apparent that supports its more than a patent purchase. We'll have to see who gets the next Nexus smartphone and tablet.

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