It was only yesterday that we spoke of the possibility of Apple being in trouble after ITC had announced that they would be reviewing a decision made earlier by an ITC judge in which Apple was acquitted of infringing on any HTC patents.
But in a role reversal its HTC instead, which now faces a ban after a ruling by ITC on Monday which stated that HTC indeed infringes an Apple patent. The patent in question is a feature in iOS wherein text in messages are differentiated into normal text, links, phone numbers and map locations which then gets launched in their respective apps upon clicking by the user.
Interestingly, it is not HTC that makes the OS used in their smartphones but Google’s Android. Though Google does not sell Android neither does it manufactures any hardware, thus practically making it impossible for Apple to go behind them but the OEM’s
The said feature was introduced in Android since the version 1.5, which is almost two years back. But the current ruling in favor of Apple now gives them an advantage in going against other Android OEM’s.
Coming back to HTC, it’s not too late for them; they have time to remove the feature from their devices in order to avoid them from getting banned in the US. Although, HTC says that they would be taking steps to remove the feature from their devices, it would be extremely appealing to see how they go about it as the feature is embedded in the Android platform and it is Google that needs to make those changes in the Android platform rather than HTC.
It’s one thing in getting the necessary changes in the Android platform done by Google and other of getting those implemented in the existing and future HTC devices in time before April 19, 2012. This is the last thing HTC wanted in the US after their sales have slumped the last quarter of 2011 and the number one spot in danger of being squandered by Samsung.
It’s fascinating to see what happens now. Will Google help HTC by counter suing Apple using the patent portfolio it has acquired from Motorola Mobility? Only time will tell. Though we must admit that Google’s action might be critical in this case for it might decide which platform, i.e. Android or Windows; will HTC prefer in their future handsets.