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Windows Central Podcast 37: Windows 10 Mobile is still dead

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sue

In the ongoing saga between Samsung and Apple, documents came out late last night from the court case that detailed a proposal by Apple to charge Samsung for royalties on their smartphones.

It’s interesting for a few reasons. For one, Apple almost never enters into cross-platform patent royalty deals with other companies, specifically if it is tied to any of their “product differentiating” technologies. Back in 2010 though, Apple was willing to make an exception to this with Samsung because they are a major parts supplier for Cupertino and they wanted to preserve that relationship. Apple was also “shocked” at just how much Samsung was willing to allegedly copy the iPhone.

In the documents, Apple spells out some license terms it was willing to offer Samsung back in October 2010—just a few weeks before Windows Phone 7 became available.  Although Android was offered a $24-per-device royalty fee, which yes, is extremely high, Apple evidently also wanted $9 per ‘Windows Mobile 7’ device as well.

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On Monday, Microsoft filed a motion for summary judgment with the U.S. Patent and Trademark Office, in an attempt to get Apple's trademark of the term "App Store" denied.  They argue that the term is too generic to be awarded to just one company, as it is made up of two everyday, commonly used words.  As evidence of its generality, MS also shrewdly submitted an interview with Apple CEO Steve Jobs, where he is quoted as saying, "Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android."

Apple's application for the trademark dates back to 2008, so it seems a bit odd that MS would just think to do this now.  Obviously, the launch of WP7 and it's Marketplace prompted the move, but one would hope that the world's software leader wouldn't be so myopic.  No decisions have been made as of yet.  The status page  for the trademark merely reads: "An opposition is now pending at the Trademark Trial and Appeal Board."

We will be sure to keep you posted.

Source: PCWorld; via: AppleInsider

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Not that we didn't see this coming but HTC just announced that they are suing Apple for allegedly violating five un-mentioned patents. This comes just a little over a month after Apple filed suit against HTC.

They are seeking to halt importation and sale of the iPhone, iPod and iPad, which as we all know probably won't happen. The rest of the press release (after the break) is mostly an ad for HTC with little substance about the case or complaint.

Apple is fighting at least two major phone manufactures now: Nokia (see coverage at TiPB) and HTC. Needless to say it feels kind of good to see HTC fire back at Apple, but whether or not they have actually have a case to be made or they are tying up the courts on tit-for-tat litigation remains to be seen.

And in keeping with the spirit of swiping property, we stole TiPB's awesome image from their article. So sue us, Rene!

Full press release below.

Update: Gizzmodo has the full run down on the five alleged patent infringements. They mostly related to the dialer (retrieval and display of contact information) and device power management designs.

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Late last night, HTC took the time to release an official statement in response to the Apple lawsuit recently filed.

Sounding a bit like an old Family Guy episode, HTC respectively disagrees with Apple's claim that it has infringed on its patents:

“HTC disagrees with Apple’s actions and will fully defend itself. HTC strongly advocates intellectual property protection and will continue to respect other innovators and their technologies as we have always done, but we will continue to embrace competition through our own innovation as a healthy way for consumers to get the best mobile experience possible,” said Peter Chou, chief executive officer, HTC Corporation. 

Of course HTC was not going to address the content of the claim specifically (save that for the courts) nor were they going to go "ya got us!" either, so in a lot of ways, this is no news.

Still, after rehashing their admittedly impressive track record of innovation in the smartphone business, this is just the beginning of the ordeal and we're sure it'll get more interesting in a few months.

Anyone ready to see Phil reporting from outside a court room? Full press release after the jump.

[via AndroidCentral]

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