Smartphone patent wars
The smartphone wars or smartphone patents licensing and litigation refers to commercial struggles among smartphone manufacturers including Sony Mobile, Google, Apple Inc., Samsung Mobile, Microsoft, Nokia, Motorola, Huawei, LG Electronics, ZTE and HTC, by patent litigation and other means. The conflict is part of the wider "patent wars" between technology and software corporations.
To secure and increase market share, companies that have granted a patent can sue to prevent competitors from using the methods the patent covers. Since 2010 the number of lawsuits, counter-suits, and trade complaints based on patents and designs in the market for smartphones, and devices based on smartphone OSes such as Android and iOS, has increased significantly.
Timeline
Initial suits, countersuits, rulings, license agreements, and other significant events in italics:2009
The pattern of suing and countersuing really began in 2009, as demand for smartphones accelerated dramatically with the advent of the modern smartphone, which combined a responsive touchscreen with a modern multitasking operating system. This browser provided full web access and an application store, in the form of the Apple iPhone 3G and the first Android phones.- 2009, Oct 22: Nokia sues Apple over 10 patents.
- 2009, Dec 11: Apple countersued Nokia over 13 patents.
- 2009, Dec 29: Nokia files a second lawsuit and a U.S. International Trade Commission complaint against Apple over 7 more patents.
2010
- 2010, Jan 15: Apple files an ITC complaint against Nokia over 9 patents.
- 2010, Feb 19: Apple drops 4 patents from their countersuit against Nokia that are in their ITC complaint against Nokia.
- 2010, Feb 24: Apple countersues Nokia in Nokia's second lawsuit, over the 9 patents that are in Apple's ITC complaint.
- 2010, Mar 02: Apple sues HTC over 10 patents and files an ITC complaint against HTC over 10 other patents.
- 2010, Apr 26: 5 of the patents in Apple's ITC complaint against Nokia are merged into their ITC complaint against HTC.
- 2010, Apr 27: HTC signs an agreement with Microsoft to license Microsoft patents in return for royalties on HTC's Android-based devices.
- 2010, May 7: Nokia files a third lawsuit against Apple over 5 more patents.
- 2010, May 12: HTC files an ITC complaint against Apple over 5 patents.
- 2010, May 28: S3 Graphics files an ITC complaint against Apple over 4 patents used in the iPhone, iPod Touch, iPad, and Apple computers.
- 2010, Jun 28: Apple countersues Nokia in Nokia's third lawsuit, over 7 more patents.
- 2010, Jul 06: HTC countersues Apple over 3 patents.
- 2010, Jul 21: Nokia drops 1 patent from their ITC complaint against Apple.
- 2010, Aug 12: Oracle sues Google over 7 patents relating to the use of Java in Android. See Oracle v. Google.
- 2010, Sep 17: Nokia adds 2 more patents to their third lawsuit against Apple.
- 2010, Sep 27: Apple sues Nokia in the UK and Germany over 9 patents.
- 2010, Sep 30: Nokia countersues Apple in Germany over 4 patents.
- 2010, Oct 01: Microsoft files an ITC complaint and a lawsuit against Motorola over 9 patents.
- 2010, Oct 06: Motorola sues Apple over 18 patents, and files an ITC complaint against Apple over 6 of them.
- 2010, Oct 08: Motorola files a request for declaratory judgment that they do not infringe 12 Apple patents, and that those patents be declared invalid.
- 2010, Oct 29: Apple sues Motorola over 6 patents, and files an ITC complaint against Motorola over 3 of them.
- 2010, Dec 01: ''Apple adds the 12 patents to their suit against Motorola that Motorola previously requested a declaratory judgment that they do not infringe.''
2011
- 2011, Mar 21: Microsoft sues Barnes & Noble over the Android operating system in the Nook ebook reader.
- 2011, Apr 15: Apple sues Samsung for patent and trademark infringement with its Galaxy line of mobile products, including the Galaxy S smartphone and the Galaxy Tab tablet.
- 2011, Apr 22: Samsung sues Apple in South Korea, Japan, and Germany.
- 2011, Apr 28: Samsung countersues Apple over 10 patents.
- 2011, May 18: Samsung ordered to provide Apple samples of the announced Galaxy S2, Infuse 4G, and Infuse 4G LTE smartphones, as well as the Galaxy Tab 8.9 and Galaxy Tab 10.1 tablets as part of Apple's lawsuit against the company.
- 2011, May 18: Samsung files a court motion for Apple to provide samples of the unannounced iPhone 5 and iPad 3 prototypes.
- 2011, Jun 14: Nokia and Apple settle their litigation with Apple agreeing to pay Nokia an undisclosed one-time payment as well as continuing royalties.
- 2011, Jun 16: Apple amends its lawsuit against Samsung, dropping 2 utility patents and 1 design patent, and adding 3 new utility patents plus 4 trade dress applications, now covering the Samsung Galaxy Tab 10.1.
- 2011, Jun 22: Samsung's motion to be provided samples of Apple's unannounced iPhone 5 and iPad 3 prototypes is denied.
- 2011, Jun 27: General Dynamics Itronix signs an agreement with Microsoft to license Microsoft patents in return for royalties on General Dynamics Itronix's Android-based devices.
- 2011, Jun 29: Velocity Micro signs an agreement with Microsoft to license Microsoft patents in return for royalties on Velocity Micro's Android-based devices.
- 2011, Jun 30: A consortium of companies made up of Apple, EMC Corporation, Ericsson, Microsoft, Research In Motion and Sony win against Google in an auction of over 6,000 Nortel mobile-related telecommunications patents for US$4.5 billion.
- 2011, Jun 30: Onkyo signs an agreement with Microsoft to license Microsoft patents in return for royalties on Onkyo's Android-based devices.
- 2011, Jul 01: Apple files for preliminary injunction against 4 Samsung products: Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1 based on 3 design patents and 1 utility patent.
- 2011, Jul 01: ITC rules that Apple infringes on 2 patents held by S3 Graphics, while not infringing on 2 others.
- 2011, Jul 05: Wistron signs an agreement with Microsoft to license Microsoft patents in return for royalties on Wistron's Android-based devices.
- 2011, Jul 06: HTC agrees to purchase S3 Graphics to secure 235 patents for use in its defense against Apple.
- 2011, Jul 06: Microsoft seeks $15 licensing fees from Samsung for a range of claimed patent violations on every Android device.
- 2011, Jul 11: Apple files a second ITC complaint against HTC over 5 more patents, and sues HTC over 4 patents from this second ITC complaint that they weren't already suing HTC over.
- 2011, Jul 11-12: Google acquires 1,029 Patents from IBM for an undisclosed amount.
- 2011, Jul 15: ITC finds HTC infringes on 2 Apple patents.
- 2011, Aug 02: Apple sues Samsung in Australia over 10 patents, resulting in Samsung delaying the launch and halting advertising of the Samsung Galaxy Tab 10.1 tablet in Australia to an indefinite date.
- 2011, Aug 09: A German court issues a preliminary injunction against the Samsung Galaxy Tab 10.1 in Apple's lawsuit against Samsung, which causes its sale to be banned in most of Europe.
- 2011, Aug 15: Google announces its intention to buy Motorola Mobility for US$12.5 billion. Eighteen of Motorola's patents could potentially be used for defense or countersuits against Apple and Microsoft, and may influence the smartphone war. These patents may change the balance of power and force the various players to settle their lawsuits.
- 2011, Aug 16: The Samsung Galaxy Tab 10.1 sales ban in Europe is lifted outside of Germany.
- 2011, Aug 17: Google acquires 1,023 more patents from IBM for an undisclosed amount.
- 2011, Aug 23: Microsoft files a complaint with the ITC requesting a ban on several key Motorola smartphones and devices in the USA based on infringements of 7 patents.
- 2011, Aug 24: A court in the Netherlands rules that Samsung will be banned from selling the Galaxy S, Galaxy S II, and Galaxy Ace in several European countries due to Apple's patent infringement claims.
- 2011, Sep 02: Apple granted a preliminary injunction against Samsung, preventing display of the prototype Samsung Galaxy Tab 7.7 tablet at the IFA trade show in Berlin.
- 2011, Sep 02: Apple court filings assert that Andy Rubin got inspiration for the Android framework while working at Apple before working at General Magic and Danger, Inc.
- 2011, Sep 07: HTC countersues Apple using nine patents from Google. The move is seen as a possible first step for Google, offering direct support in lawsuits involving manufacturers that use Android.
- 2011, Sep 08: Acer and ViewSonic sign patent license agreements with Microsoft regarding their use of Android on smartphones and tablets.
- 2011, Sep 09: Apple's preliminary injunction against sales of the Samsung Galaxy Tab 10.1 in Germany is upheld.
- 2011, Sep 12: Samsung announces a lawsuit against Apple in France that had been filed in July over 3 patents.
- 2011, Sep 12: Apple countersues Samsung in the UK over an unknown number of patents.
- 2011, Sep 13: Google's August 17 acquisition of 1,023 patents from IBM is revealed by the U.S. Patent and Trademark Office.
- 2011, Sep 17: Samsung countersues Apple in Australia over 7 patents.
- 2011, Sep 28: Samsung signs an agreement with Microsoft to license Microsoft patents in return for royalties on Samsung's Android-based devices.
- 2011, Oct 12: An Australian court issues a preliminary injunction against the Samsung Galaxy Tab 10.1 in Apple's lawsuit against Samsung, which prevents its sale in Australia leading up to the 2011 holiday season.
- 2011, Oct 13: Quanta signs an agreement with Microsoft to license Microsoft patents in return for royalties on Quanta's Android and Chrome-based devices.
- 2011, Oct 13: Judge in Apple's U.S. lawsuit against Samsung agrees that Samsung's tablets infringe on Apple's patents, but also that the validity of some of the patents might be questionable.