Wednesday, March 27, 2013

Week 8 Post 2: Android's tethering feature

While some of us might not be familiar with the term "tethering", we sure are aware of how Internet can be shared using people's Android / Apple / HTC, etc. phones via portable computers. Then phones are literally turned into network routers. This feature, however, apparently is an infringement. As a matter of fact, Nokia just defeated HTC and Google with respect to this legal interpretation of patent no. 5,884,190.
As suggested by Foss Patent, " As a result, it appears very difficult for Google and HTC to deny infringement at the trial (which will start in two months' time), and if they cannot prove this patent invalid based on prior art (which would have to be older than June 1995), a U.S. import ban against HTC's Android devices is reasonably likely (unless, which is even more likely, HTC agrees to send royalty checks to Finland)."

This probably demonstrates a counter argument for those who claim that the current patent system only creates monopolies – one sole company in the industry that takes up all the market share, and in turns set up prices that are proportional to demand, instead of costs – and worse, customers suffer from the high price they pay. Is it what we observe today? True, we might have several industry leaders taking up the majority of the market share, but we are not at the absolute opposite of perfect competition?


Of course, we could again argue that the royalties are basically transferred to the customers because they are largely reflected in the retail price of digital device. Yup, there exists inefficiency – even Robinson Crusoe economy has inefficient solutions to problems, let alone our multinational complex modern society. Just that things might not be as bad as some think.

5 comments:

  1. Good points. In addition to all this, I found it interesting how Nokia, who was barely in the smartphone game, came out and spanked some smartphone giants with a old patent they didn't even realize was being infringed upon until recently.

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  2. Agreed. What do you guys think this means for the future of tethering? It seems that both Google and HTC could be sending large settlements Nokia's way.

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  3. Wow! The ban of the import of HTC phones! Wow! I remember when HTC phones were all the fad, i.e. best android phones on the market (sorry, i've switched over to the apple side). The ban of importation will definitely hurt HTC's market, and will definitely affect buyers if HTC decides to pass the royalty charges to the customers. Interesting!

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  4. It's interesting that Nokia is fighting over this old patent. If the average enforcement term of a patent is 20 years, then that would leave Nokia with about 2 years left for the validity of their patent (given it was granted in June 1995). Relatively speaking, that seems to be quite less than other patents that are being litigated over. I wonder how they justify the cost of litigation vs the value of the patent infringement.

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  5. I am not too sure when a ban on imports of HTC phones will be even after the case is currently favoring Nokia. It usually takes a pretty long time for the final Commission decision. I would think when the ban is issued, the HTC products which infringes the patents are already outdated by the latest products. That is usually what companies would do against these infringement cases: just delay and workaround your products :)

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