Apple sues HTC as feud with Google escalates

The spectacular falling out between former friends Apple and Google threatened to develop into all-out war yesterday with the news that Steve Jobs's company is suing HTC, maker of the Nexus One 'Googlephone', for infringing 20 hardware and software patents.

Relations between the two firms were once amicable, but since Google CEO Eric Schmidt left the Apple board and Google entered the phone market relations have turned decidedly frosty. After launching the iPad in January Apple boss Steve Jobs apparently ranted against the search engine telling staff: "They want to kill the iPhone. We won't let them."

While HTC is the company facing the wrath of Apple's lawyers, observers are unanimous in their view that the real target is Google, its Nexus One smartphone, produced by HTC, and the Android operating system behind it.

Apple is claiming that patented technology used in its iPhone interface as well as its "underlying hardware and architecture" has been used by HTC in developing its smartphones. Steve Jobs said: "We think competition is healthy, but competitors should create their own original technology, not steal ours."

Apple is looking for an injunction that would effectively stop HTC from selling smartphones that use the disputed technology in the US. It has also been suggested that HTC could be forced to remotely disable some parts of the operating system in phones that are already in circulation - something that would cripple existing handsets.

Google said that it was "not a party to this lawsuit" but added: "We stand behind our Android operating system and the partners who have helped us to develop it."

Bloggers are agreed that the decision to target the relatively small manufacturer HTC was deliberate.

Analyst Tero Kuittinen told Reuters: "HTC is an optimal target for Apple – it's a relatively small vendor with a weak brand. It may be easier to push around than Samsung (which also makes Android smartphones)."

"Instead of going after the cash rich and impressively lawyered Google, Apple is targeting one of its key hardware partners instead. That's smart, because by going after a relatively small target Apple stands a much better chance of getting what it wants, and of doing a lot of damage to Android," writes Gary Marshall on Techradar.com.

Gareth Halfacree on Bit-Tech.net agrees. He says: "It appears that Apple is merely targeting HTC as the most visible creator of Android-based handsets to test the waters."

ZDNet blogger Christopher Dawson commented: "Apple obviously has the right to defend its patents. Whatever. This particular lawsuit, however (along with those that will most likely follow), has the potential to really crush competition in a market that has long been dominated by Apple and RIM."

US patent and intellectual property attorney Barry Cohen told American magazine Computerworld: "Apple has a bigger purpose here, but whether it's to shut down HTC or to go directly after Google is unclear at the moment." He also hinted that Google may step in protect the smaller company, sparking a much bigger battle. "If HTC hires a law firm that's known for working with Google, that would be a hint," he said. ·