Saturday, May 19, 2012

LawPundit: Law is a Seamless Web: Patent Infringement Allegations ...

In a recent LawPundit posting we cited to The Verge that HTC One X and Evo 4G LTE indefinitely delayed at US Customs for investigation of Apple patent infringement.

We pointed out that this was an incredible restraint of free trade and an inexcusable legal precedent for using judicially unconfirmed patent infringement allegations as a means of stifling competition by hindering imports, a trade strategy that is doomed to failure and which does not speak well for the USA.

Interesting then is the fact that at Germany's most widely read computer magazine, Computer Bild, their recent test of the? HTC One X put it at the top of their list of best smartphones, with the Apple i Phone 4S dropping to 5th place and the Apple iPhone 4 32 GB dropping to 23rd place.

The many legal actions by Apple against smartphone competitors have little or nothing to do with any kind of essential patents -- rather with things like spurious design claims to rectangles with rounded corners. In fact, those patent claims have everything to do with using patent trolling as a means to keep better products on the market from competing fairly with Apple's own overhyped and overpriced offerings.

Legal posturing may be helping Apple in the short term, but in the long term, either you are able to compete on the market or not, and things do not look good for Apple down the road.

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