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HTC s patent troubles - Android alert

2011-07-21 08:19:24

Jul 20th 2011, 11:22 by T.E. | TAOYUAN, TAIWAN

UNTIL a few years ago HTC was pretty small and relatively obscure. But the

Taiwanese company's recent growth has been remarkable. In the second quarter it

sold 11m smartphones, more than doubling its revenues compared with a year

earlier. HTC's main rivals, Nokia, Samsung and Apple, still sell around twice

as many smartphones. But HTC's rapid growth, especially in Apple's American

home turf, has made it a competitor worth worrying about.

One reason for HTC's surging sales is the relentless pace of its innovation: in

the past quarter, in which Apple had no new iPhone to launch, HTC introduced

ten new models. Another is Google s Android operating system, on which most of

HTC s smartphones are now based. Android phones have proved a hit among

consumers, and their combined sales overtook those of iPhones last summer.

Apple has not taken the challenge from HTC lightly. On July 15th the US

International Trade Commission made a preliminary ruling upholding two claims

in a far larger patent suit Apple had filed against its rival. Earlier in the

month, Apple had filed additional claims and MOSAID, a Canadian company, said

it would sue HTC and Sony Ericsson for allegedly infringing its patent for

transmitting a mobile handset s location when its user makes an emergency call.

The outcome of these cases will be of keen interest not just for HTC but for

all other handset-makers using Android: promoted as a free, open-source system,

it is proving increasingly expensive. This is because it relies on a whole host

of basic features that are, or may be, subject to patent: how a screen is

swiped with a finger, how a phone number embedded in an e-mail can be called by

tapping it, and so on.

Apple, having recently settled a patent case brought against it by Nokia, is

suing Samsung and Motorola as well as HTC. Last year HTC resolved another claim

over Android, with Microsoft, agreeing to pay it significant royalties. More

such suits may yet emerge (from Nokia for example), and prove costly. HTC s

shares, which had surged in reaction to the strong growth of its smartphone

sales, have dropped by a third since early June.

HTC will appeal against the trade commission s ruling. It will also fight back

in other ways. Earlier this month it bought a lossmaking software firm, S3, for

$300m. S3 recently won a patent case against Apple and may have other patents,

which might be used to launch a counter-suit against Apple, or at least

persuade it to agree a truce. On Wednesday the Wall Street Journal reported

(paywall) that Google itself was considering a similar move: buy a smaller firm

with a collection of patents to boost its armoury in the patent war. Pierre

Ferragu, an analyst with BernsteinResearch, believes the takeover of S3 will

provide HTC with some winning cards in its legal poker game. It also shows,

says Mr Ferragu, that the next phase of mobile-phone development will be driven

at least as much by the courts as by consumers.

A shaky start

HTC has been sucked into this American legal battle as a result of it following

a course that most of its Asian peers have not pursued, at least not

successfully. Founded in 1997 out of the embers of the Taiwanese operations of

Digital Equipment, HTC initially took the conventional approach of building

gadgets for others to sell. It tried to launch a laptop but the product never

came to market. Then an introduction from Microsoft led to its design of an

early PDA for Compaq. It subsequently built similar products for Palm and

others.

In 2001, just as many of the Taiwanese manufacturers were shifting operations

to China, it bucked the trend again and built a factory next to its

headquarters. Most of its production capacity remains in Taiwan. In the past

five years or so it has steadily risen up mobile operators lists of the

handsets they promote to their subscribers. In April HTC s market

capitalisation overtook that of Nokia.

The firm s success has pushed Cher Wang, its chairwoman and largest

shareholder, to the top of Forbes s Taiwan rich list, passing Terry Gou, the

boss of Hon Hai, a company (also known as Foxconn) that reflects a radically

different, and more traditional, model of Taiwanese business. Hon Hai has moved

most of its production to mainland China and continues to make products for

other companies, a business that inevitably emphasises cost-trimming and low

value-added.

HTC has distinguished itself through its speed in building new products first,

ones that ran on Microsoft operating software, now Android ones. It has also

been impressively quick in adapting to changing telecoms standards most

recently 4G and in developing its own applications software. And its

manufacturing quality has been remarkably high. Unlike rivals HTC has not

suffered unpleasant headlines about shoddy products or suicides at its

factories.

The company has continued to produce a string of subtle but clever features:

phones that ring louder when placed in a handbag; ones that stop ringing when

flipped over in a meeting; ones designed to work smoothly with Facebook and

other social-networking sites, and so on. It has made progress in building a

brand that reflects innovation and trust, allowing it to escape from the

low-cost treadmill on which some of its peers remain stuck.

But there is a risk that Android, one of the key elements in this successful

strategy, is turning into a point of vulnerability. HTC s most fearsome

competitor, Apple, sees its patents as a weapon to undermine Android s cost

advantage. Others are seeking their pound of flesh too. The more time HTC has

to spend fighting lawsuits, and the greater the share of its revenues it has to

pay out in software royalties, the harder it will be to keep up its remarkable

run of innovation and sales success. If that proves to be the case, what can

HTC do? Switch to using Microsoft's operating software for most of its

smartphones, maybe?