OTA will be MIA in March I bet

[Droidcula]

The ’331 Patent, entitled “Time-Based, Non-Constant Translation Of User Interface Objects Between States,” was duly and legally issued on April 22, 2008 by the United States Patent and Trademark Office.

The ’949 Patent, entitled “Touch Screen Device, Method, And Graphical User Interface For Determining Commands By Applying Heuristics,” was duly and legally issued on January 20, 2009 by the United States Patent and Trademark Office. A copy of the ’949 Patent is attached hereto as Exhibit B.

The ’849 Patent, entitled “Unlocking A Device By Performing Gestures On An Unlock Image,” was duly and legally issued on February 2, 2010 by the United States Patent and Trademark Office. A copy of the ’849 Patent is attached hereto as Exhibit C.

The ’381 Patent, entitled “List Scrolling And Document Translation, Scaling, And Rotation On A Touch-Screen Display,” was duly and legally issued on December 23, 2008 by the United States Patent and Trademark Office. A copy of the ’381 Patent is attached hereto as Exhibit D.

Just those few complaints lodged against HTC seems to suggest they are talking about the OS. Verizon would be fools to knowingly pass along intellectual property. I firmly believe that's why it was leaked because the OTA will be MIA in March. HTC was already caught with their hand in the cookie jar. So why not release the OS update? It was originally leaked from China correct? So all you people waiting to update might as well update. There will be no OTA anytime soon.

 

[iAndroiid]

wonder how true this all is....

 

[whitewallman]

I'll hold out hope for the Q1 commitment and see what comes.. Besides, for the most part, my Droid Eris is fully operational.. I've seen 2.1 on an Eris. And while there are some nice updates included, I'm certainly not going to lose sleep waiting tor the official release date. I'll get it when I get it.

 

[Blrfl]

The ’331 Patent ... The ’949 Patent ... The ’849 Patent ... The ’381 Patent

Just those few complaints lodged against HTC seems to suggest they are talking about the OS. Verizon would be fools to knowingly pass along intellectual property. I firmly believe that's why it was leaked because the OTA will be MIA in March.

Don't bet on it. Apple filed its suit a week ago, and other than a clerk rubber stamping the front page and collecting the filing fee, the courts haven't seen it yet. Unless Apple got an injunction that specifically prevents Verizon from shipping -- and I'm sure that would have been in the news -- there's no reason for them not to continue with the release.

If what you assert is true, Verizon would be in just as much hot water for leaking 2.1 (probably more for being sneaky about it) as they would be for releasing it.

--Mark

 

[MOS95B]

Gotta love the jailhouse lawyers....

Until a decision is made, or an injunction filed, appealed, refiled, etc. there's nothing stopping HTC or Verizon from delivering. Does no one watch the news?

 

[snorge]

yeah this post makes no "sense" at all it has nothing to do with the release of the ota update. companies in these situations keep operating normally until ordered by the court to change, if this were true I guess they won't be releasing vz's version of the nexus one soon either.

 

[Frisco]

I am not an expert on the technologies involved in the disputes or the legal aspects of them.

A couple of things come to mind, however:

1. For a large company to intentionally grab and use patented methods in its new devices seems naive, almost suicidal from a business standpoint, and

2. For Apple to see devices come into the market place with characteristics even similar to its marketed devices and then bring suit to the manufacturers of those devices seems quite the ploy for attention as well as quite the knee-jerk reaction to being well-competed against on those technological levels.

When we read the patents we first think, "uh oh, iPhone got copied." But those technologies that we're using on Android devices probably and likely have their similarities in usage but lose the exacting similarities in actual build that Apple uses in its devices.

I'm sure HTC, et al, are prepared to show those things in a court of law and have been since the inception of their own similar but different technologies.

 

[Caddyman]

yeah, my uncle is an inventor and owns many patents and we have spoke many times about patent laws and stuff...

I am not worried for HTC one bit.

 

[gluis]

Well heck, if they were going to leak anything because there would be no March update then why not the coding to allow a root of the Eris.

I still believe there will be an OTA here soon although I do have the 2.1 downloaded and waiting in the wings, if need be.

 

[icomeanon]

verizon is not named in the suit. google is also not named in the suit (so far, though it would be suicide for apple's case to go up against htc and google at the same time). htc, who IS named in the suit, has yet to be told to cease and desist.

by the OP's logic, no new droid eris can be sold. in fact, no HTC product at all can be sold until a ruling is made on this case. that would be tantamount to forcing a company to close down before it is even found guilty. this isn't the soviet union. 'innocent until proven guilty' applies in patent courts as well. the update is not being held up by the suit (as about fifty people have already said on this forum over the last week), it is being held up by 'unforeseen fubars'. software glitches. hardware glitches. these things happen.

a lot.

 

[truelove79]

No way this suit is going to stop Verizon. Companies ALWAYS press forward while being sued, until they're told to stop. Usually they just pay a hefty fine, and press forward anyway.

 

[Frisco]

Knowing that law suits of this nature seek settlements raking in the profits the offending patent-stealer made from it, retroactively, I just don't see how any company serious about remaining in business for long could really take patented material and work it into its devices.

But, again, I am no expert.

 

[pjsockett]

The

 

[OfTheDamned]

I may have missed it, but how much are we betting?

 

[davros]

Don't bet on it. Apple filed its suit a week ago, and other than a clerk rubber stamping the front page and collecting the filing fee, the courts haven't seen it yet. Unless Apple got an injunction that specifically prevents Verizon from shipping -- and I'm sure that would have been in the news -- there's no reason for them not to continue with the release.

If what you assert is true, Verizon would be in just as much hot water for leaking 2.1 (probably more for being sneaky about it) as they would be for releasing it.

--Mark

totally correct....

P.S. awesome avatar

 

[alprazolam]

I may have missed it, but how much are we betting?

Caddy...if all of your bets are correct, you'll be a millionaire. Otherwise, you're broke for life.

Why would a large company such as HTC say, "Oh! You are exactly right! We have been taking your patented technology. We'll stop right away!" Well, that is sort of admitting the guilt right? I don't think so! You go on about your business and wait for the courts to rule in your favor or pay a large sum of money to shut them up.

 

[truelove79]

Until there is an injunction stopping the sales both Verizon and HTC will continue business as usual.

That is correct.

 

[ColonelPanic]

Does anyone remember RIM. The boards were buzzing about RIM shuttering its doors. Never happened. These things do take time and the manufacturers will continue to produce these devices. This makes Apple look petty and gives Android a lot of street cred.

Why is HTC the first company they hit claiming an infringement on Multi Touch input ? It's over Android. Google has released a statement pledging to be behind HTC. They have tons of money in R & D and if Apple were to successfully stop HTC it would open the floodgates and all others would follow. Google has VERY deep pockets and a large vested interest.

As far as Verizon goes, they would not be liable for releasing devices that , as of yet, have not been proven to infringe on a patent. These patents themselves may be challenged and defeated. All that has happened is a highly publicized complaint. This thing isn't on a docket yet.

Also, let's not forget that HTC released the first "smartphone" 13 years ago and has pioneered the field since. The iPhone hit the market in 2007. I would wager that HTC has a few tricks in its patent bag that almost all manufacturers infringe on in some way. It is highly unlikely this will make it to court. Google won't let its OS die on the vine. There is also the prospect of the re-engineering the technology so that the same function is facilitated through a different mechanism that does not violate the patent. The actual patent is far more intricate than the description we are seeing here.

Lastly, This may back fire in Apple's face. The anti-Microsoft adopts a practice that puts it in the same arena that MS has been derided over. This may very well be seen as indictment of Apple's ability to compete on merit. Did they really think the iPhone would be the apex of mobile technology for eternity ? The Google train isn't slowing down and everyone at Microsoft, Apple and all others better be on notice. This company is conceived and designed to feel the pulse of the future. They have open development. They allow their employees to spend 20% of their time on pet projects. They saw room to further innovate in the mobile arena and have produced a very slick OS. The first one even close to the iPhone OS and unlike Apple have not demanded a closed ecosystem or tied themselves to a single carrier. They have allowed the source of their work to be open, enabling manufacturers like HTC to put their own spin on it. These are the things that Google is doing better than Apple right now and the OS is catching up fast. This lawsuit is proof positive that Apple is fully aware of that fact.

 

[mobimop]

yeah, my uncle is an inventor and owns many patents and we have spoke many times about patent laws and stuff...

I am not worried for HTC one bit.

Yep that's what RIM thought also....

 

[mobimop]

Does anyone remember RIM. The boards were buzzing about RIM shuttering its doors. Never happened. These things do take time and the manufacturers will continue to produce these devices. This makes Apple look petty and gives Android a lot of street cred.

Why is HTC the first company they hit claiming an infringement on Multi Touch input ? It's over Android. Google has released a statement pledging to be behind HTC. They have tons of money in R & D and if Apple were to successfully stop HTC it would open the floodgates and all others would follow. Google has VERY deep pockets and a large vested interest.

As far as Verizon goes, they would not be liable for releasing devices that , as of yet, have not been proven to infringe on a patent. These patents themselves may be challenged and defeated. All that has happened is a highly publicized complaint. This thing isn't on a docket yet.

Also, let's not forget that HTC released the first "smartphone" 13 years ago and has pioneered the field since. The iPhone hit the market in 2007. I would wager that HTC has a few tricks in its patent bag that almost all manufacturers infringe on in some way. It is highly unlikely this will make it to court. Google won't let its OS die on the vine. There is also the prospect of the re-engineering the technology so that the same function is facilitated through a different mechanism that does not violate the patent. The actual patent is far more intricate than the description we are seeing here.

Lastly, This may back fire in Apple's face. The anti-Microsoft adopts a practice that puts it in the same arena that MS has been derided over. This may very well be seen as indictment of Apple's ability to compete on merit. Did they really think the iPhone would be the apex of mobile technology for eternity ? The Google train isn't slowing down and everyone at Microsoft, Apple and all others better be on notice. This company is conceived and designed to feel the pulse of the future. They have open development. They allow their employees to spend 20% of their time on pet projects. They saw room to further innovate in the mobile arena and have produced a very slick OS. The first one even close to the iPhone OS and unlike Apple have not demanded a closed ecosystem or tied themselves to a single carrier. They have allowed the source of their work to be open, enabling manufacturers like HTC to put their own spin on it. These are the things that Google is doing better than Apple right now and the OS is catching up fast. This lawsuit is proof positive that Apple is fully aware of that fact.

RIM is rather profitable and has huge cash reserves. They actually set aside 1 billion dollars for years as they battled in the courts with NTP, when all was done they ended up paying $612M US dollars to a company that NEVER EVEN MADE A PRODUCT they only held the patents.

If you think Apple didn't do their due diligence and doesn't have the best US Patent lawyers on this then keep on eating at the Google cafeteria.

 

[ColonelPanic]

RIM is rather profitable and has huge cash reserves. They actually set aside 1 billion dollars for years as they battled in the courts with NTP, when all was done they ended up paying $612M US dollars to a company that NEVER EVEN MADE A PRODUCT they only held the patents.

If you think Apple didn't do their due diligence and doesn't have the best US Patent lawyers on this then keep on eating at the Google cafeteria.

I am not affiliated with Google and I use MAC computers at home. Most of my immediate family members use an iPhone. Apple was awarded most of these patents in 2009. They have yet to be challenged.

This will result in a licensing payment or a cross licensing deal. HTC originated many of the manufacturing processes that all companies now use. They will certainly hit back. My point was that this will most likely not result in an injunction or a ban on imports and will not result in anything in the next few years but news articles. I am sorry you were offended but you must be protective of shiny apples.

 

[Frisco]

.. Apple was awarded most of these patents in 2009. They have yet to be challenged.

This will result in a licensing payment or a cross licensing deal. HTC originated many of the manufacturing processes that all companies now use. They will certainly hit back. My point was that this will most likely not result in an injunction or a ban on imports and will not result in anything in the next few years but news articles.

Great post; a breath of informative fresh air in all this talk.

 

[ColonelPanic]

Great post; a breath of informative fresh air in all this talk.

 

[Droidcula]

I will eat crow if someone can explain how 2.1 got leaked before its (secretly) scheduled OTA release. Are you guys telling me some disgruntled employee decided to release it for no other reason than to just leak it? Most of you guys seem to think it's exactly the same as the OTA release. So why wait to release the official version then? Am I the only one who thinks it's fishy that it was leaked right around the time the lawsuit was filed? No way does HTC not know a lawsuit is coming their way.

 

[Caddyman]

I will eat crow if someone can explain how 2.1 got leaked before its (secretly) scheduled OTA release.

get your bib on

Are you guys telling me some disgruntled employee decided to release it for no other reason than to just leak it?

why do they have to be disgruntled, could have just been a tester who wanted to share with the community.

Most of you guys seem to think it's exactly the same as the OTA release. So why wait to release the official version then?

no, i dont think anyone thinks this is the final release. maybe a very few, but "most" would be a great exaggeration.

Am I the only one who thinks it's fishy that it was leaked right around the time the lawsuit was filed?

looks like it.