Last Updated: Apr 29,2010
Photo shopped? It's an Eris, no?
Looks like an Eris to me.
As far as Apple suing and possible delaying releases of phones, I believe that is not possible until a decision is made by the courts. Until then, HTC is free to do whatever they please as Apple has no control over them.. so just because Apple sent out a lawsuit doesnt mean HTC has to do anything - until a judge rules a verdict.
Right..that's what I meant in regards to the lawsuit moving forward. If anything they should push Verizon to start selling them earlier
That is indeed an Eris.
I love Apple computers but I believe that they are focusing on non important things like the iPad and iPhone.
First Nokia, now Android, then Windows Mobile. I'll bet on that even though they might be working with Bing.
I would love thet...Screw you Apple, here is our latest and greatest.
The iPhone is a 1/3 of their business and you think that is non important?
I'd love to see this happen
HTC should flood the market with their phones ASAP just to piss off Apple
Focusing on suing everyone. I think that is a waste.
I should preface this by saying that I'm no lawyer, but I think that Apple could request a preliminary injunction against HTC. This would require them to halt all sales of HTC phones until the judge issues the verdict, potentially years in the future. I think there is probably a pretty high burden of proof for this and I doubt that patent rights of this nature would qualify but its just something to think about. If someone else is a lawyer or more informed than I am (doesn't take much), feel free to set the record straight.
The situation would have to be much worse (for lack of a better term) for them to issue a preliminary injunction. We would not see this anytime soon. Apple can't interfere with their business like that.
True. Although someone posted a link in the comments on phone arena's article about it that back in 2008 or something ATT signed a deal wit yahoo, so it might have been done awhile ago. I still agree with you. Jobs is being a little wussy boy and probably wild out on ATT.
I just saw a tweet from some woman who claims to be on the HTC Incredible!
Is on hTC Incredible about 4 hours ago via web
What? Do you know anything about patent laws?
First they can hurt the business like that. Apple can request a preliminary injunction very easily, however if they loose (in the furture) then HTC can then request Apple to pay (heavily) any potential losses. Granted I am not a patent lawyer, and it's a bit more complicated then what I explained, but that is the just of it.
It comes down to Apples patent lawyers and how much they think they can win. Allot of times they throw things out there that "may" infringe on some patents, just to funnel towards one. So they may have 20 "possible" infringements, and only really one then can possibly win.
or man...sarab singh
if he didn't know anything about the Incredible, how did he know it was android? Why didn't he tell you about the touchpro2 or omnia2?
I wasn't sure...I got excited and thought that said sarah!
hes in india..playing with the eris and the incredible...i hate him
I think Ruben is spot on. From the little bit about patent law I know (and believe me, it truly is just a little bit) Apple can seek a preliminary injunction, but one would only be granted if Apple can show both a substantial likelihood of success on their patent claim, and that a failure to grant a preliminary injunction would subject them to irreparable harm. Since Apple can always get a monetary judgment against HTC if they win, it would be hard to argue that Apple would suffer irreparable harm whether or not it met its burden of establishing a substantial likelihood of success of its patent claims. So, no preliminary injunction would likely issue. Just my .02...
I KNOW. He also said this:
We only discuss phones we currently offer as a rule. Since we can not discuss something until we have it.
Look at the dates. He's not in India...he's from NEW JERSEY.....I wonder if it's close to Benardsville, NJ -- the town that was listed on the leaked Incredible display photo???? This is like X-Files.
Who twitters??? Tweet this guy....lol!
Although I'm far from a lawyer nor do i have any knowledge of how litigation works (I'm a science major), I do believe the reason you provided is the same reason why nothing will happen (atleast for now). If you take a look at the violations, some are quite erroneous. And if Apple truly thinks they will win over some of the allegations, i want what they're smoking. I believe they are just using scare tactics and things of that sort.. they will not win all those accusations, i think that is clear. and because that is the case, like you said, if they lose after halting HTC product production, they will most likely have to pay a large sum. I don't think Apple would risk that, as the lawsuit would then essentially be backfiring. Again, like you said, they shoot out several suits, but in the end, only a few, if any, have any backing. Idon't believe that 1 or 2 concrete suits will have enough power to stop manufacturing. I am no law expert and this is just my take on it.
Regarding that twitter above: anyone start the investigation?! Ill try to dig up some info and see if that person is either lying or is serious. i know there are others that do a wayyy better job digging up info though!
fB message him.... i just did...i will let you know what he says...i sent him a link to his 15 minutes of fame
Sarab Singh | Facebook
Hey, throw me a bone here. I have been scouring the web every half hour looking for news. I want a new phone!
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