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***Official HTC Incredible Thread***

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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.
 
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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 :cool:
 
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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.

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.
 
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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.
 
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Unrelated, but still makes for good conversation on a slow "leak" day... AT&T's Motorola Backflip might be their first AND Last Android phone. AT&T, who's cash cow has been the iPhone's success, could have easily been pressured by a freshly pissed-off Steve Jobs to punt Google and choose Yahoo as the primary search engine - on an Android device, no less! Ballsy stuff there! This fight will get goooood!! :D

AT&T Has Removed Google Search In Favor Of Yahoo | Android Community


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.
 
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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.

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.
 
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:-( No luck!!! Here's what he said:

I do not have any information on if/when an HTC Incredible would launch.
Our current Motorola Droid and Droid Eris are available now and might be devices you would consider.

Either device would be a nice upgrade to your Motorola.

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?:)
 
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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.

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...
 
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hes in india..playing with the eris and the incredible...i hate him:D



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!
 
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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.
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!;)
 
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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!

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
 
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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!;)



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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