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Special Forums News, Links, Events and Announcements UNIX and Linux RSS News HTC Files Answer with Counterclaims to Apple's Patent Infringement Suit Post 302447964 by Linux Bot on Tuesday 24th of August 2010 11:00:05 PM
Old 08-25-2010
HTC Files Answer with Counterclaims to Apple's Patent Infringement Suit

This could get interesting. HTC has filed its answer to Apple's complaint [PDFs] against them for patent infringement, with affirmative defenses and counterclaims.
The case, Apple Inc. v. High Tech Computer Corp. et al, is now before Judge Gregory M. Sleet, docket number: 1:10-cv-00544-GMS, in the US District Court in Delaware. The et al means there are others as defendants, and the full caption is Apple Inc. and NeXt Software, Inc. v. High Tech Computer Corp., a/k/aHTC Corp., HTC (B.V.I.) Corp., HTCAmerica, Inc., and Exedea, Inc. The defendants are asking to move the case from Delaware, where Apple filed, to Northern California. I don't know about you, but I'd rather be in any state *but* Delaware, after watching SCO's bankruptcy there.
HTC denies infringing the patents, of course, but they also say as a first affirmative defense that four of the patents are invalid for "failure to comply with one or more of the conditions for patentability set forth in Title 35 of the United States Code, including, but not limited to, utility, novelty, non-obviousness, enablement, written description and definiteness in accordance with 35 U.S.C. §§ 101, 102, 103, 112, and/or 116, or are invalid pursuant to the judicial doctrine barring double-patenting". HTC also claims prior art, marking, laches and marking defenses, and it says it has license agreements with third party suppliers to do what they do the things Apple is suing them over. It asks the court to declare the patents invalid. Here's a recent case highlighted on EFF's site where some of those types of defenses worked perfectly.
You know how in the movies when two guys get into a fight on the street, another guy will run into a bar and yell, Fight! and everyone runs outside to watch? I feel like that guy reading this filing, because I see HTC intends to fight back.

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URNDIS(4)						   BSD Kernel Interfaces Manual 						 URNDIS(4)

NAME
urndis -- USB Remote NDIS Ethernet device SYNOPSIS
urndis* at uhub? DESCRIPTION
The urndis driver provides support for Ethernet access over Remote NDIS. The urndis driver should work with all USB RNDIS devices, but the following devices are known to work: o Geeksphone ONE o Google Nexus One o HTC Desire o HTC Dream / T-Mobile G1 / ADP1 o HTC Hero o HTC Magic o HTC Tattoo o HTC Wildfire o Samsung Galaxy S / S2 o Samsung Nexus S The urndis driver does not support different media types or options. For more information on configuring this device, see ifconfig(8). SEE ALSO
arp(4), intro(4), netintro(4), usb(4), ifconfig.if(5), ifconfig(8) HISTORY
The urndis device driver first appeared in OpenBSD 4.7 and in NetBSD 6.0. AUTHORS
The urndis driver was written by Jonathan Armani <armani@openbsd.org>, Michael Knudsen <mk@openbsd.org>, and Fabien Romano <fabien@openbsd.org>. BSD
July 20, 2011 BSD
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