Apple v HTC: the lawsuits left behind

November 16, 2012

This week’s settlement between HTC and Apple means an end to at least 10 unresolved lawsuits across three countries involving around 39 patents and 21 firms. Here is a look at some of the patents the Apple-HTC agreement will cover, and the myriad firms representing the two companies

In the UK, there were two trials scheduled in lawsuits brought by HTC against Apple. The first was set for November 19 and was due to last four days in which HTC sought the revocation of Apple’s EP (UK) 2126678 patent (relating to bounce back).

A 20-day trial was due to begin on November 11 2013 and related to four more UK European patents: 0769169, 0719487, 0664021 and 0760131.

Earlier this year, HTC applied to have Apple’s 2964022, 2059868 and 1168859 patents revoked. Apple sued HTC for infringing these patents and patent 2098948. HTC counterclaimed to have the ‘948 patent revoked. Mr Justice Floyd ruled that some of the claims were invalid and that one of the patents had not been infringed. Apple appealed to have some of the Court’s finding overturned. Following the settlement, HTC has withdrawn from the appeal. This is still due to be heard in March 2013, but it is likely that the UK IPO will appear to give its view given HTC’s decision not to take part.

Simon Ayrton at Powell Gilbert and a team of barristers from 8 New Square were advising HTC. Freshfields Bruckhaus Deringer and barristers from 11 South Square were acting for Apple.

Courts in Germany have heard, and were due to hear, a series of nullity, opposition and infringement actions between HTC and Apple. These related to the German equivalents of the five Apple patents due to be litigated in London next week and in November 2013, and to four more German EP patents.

In addition, there was litigation over two patents owned by HTC’s subsidiary SG3, over EP (DE) 1066600 and EP (DE) 1034505.

HTC was being advised in Germany by Peter Kather of Preu Bohlig. Apple was represented by a legal team led by Freshfields Bruckhaus Deringer.

In the US, there were three pending ITC investigations involving a total of 16 patents and two remaining suits in the US District Court for the District of Delaware involving nine of Apple’s patents.

The firms representing Apple in the Delaware case included Morris James, Kirkland & Ellis and Wong Cabello Lutsch Rutherford & Brucculeri. A Paul Hastings attorney was terminated from the case. HTC was represented by Shaw Keller, Perkins Coie and Keker & Van Nest; Young Conaway Stargattt & Taylor, Benesch Friedlander Coplan & Aronoff and Richards Layton & Finger attorneys were terminated along the way.

At the ITC, two of the investigations were filed by Apple and one by HTC. DLA Piper, Kirkland & Ellis, Adduci Mastriani & Schaumberg and Fish & Richardson were acting for Apple; Quinn Emanuel Urquhart & Sullivan, Foster Murphy Altman & Nickel and Finnegan were representing HTC.

Below is a list of most of the patents at issue in the combined cases. Twenty-five are Apple’s and 10 are HTC’s.