Apple Faces Uphill Battle in HTC Patent Fight

Having bested Samsung in a U.S. court over patent infringement, Apple is putting its focus on defending itself against phone maker HTC, but it may have an uphill battle on its hands. As SlashGear points out in this article, Apple is not starting out on the best footing.

Justice Thomas Pen, who is hearing the case, has already said that he would likely dismiss Apple arguments in its bid to invalidate two HTC LTE patents, telling Apple's lawyer in court that he doesn't make a distinction on original patents and purchased patents.

"[The patents] are a property right," Judge Pender concluded.

HTC bought the two patents as part of a portfolio for $75 million back in April of 2011, and used some of the IP to sue Apple.

Apple is arguing that the patents are invalid.

"Clear and convincing means something to me," the judge said. "I have to be pretty darn certain a U.S. patent is invalid."

While Apple may be facing a real challenge with this particular case, Judge Pender did reject some of HTC’s patents acquired from Google, over concerns that the agreement between the two companies did not give it sufficient ownership control.

Source: SlashGear

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