Apple Wins Appeal on ‘263 Patent Ruling Against HTC / Android

Now things are getting interesting.  Is this the beginning of the end?  Apple has won its’ appeal against HTC with United States Circuit Judge Richard A. Posner issuing an interpretation of Apple’s ‘263 Patent that is likely to result in a jury finding HTC (and Android in general) of infringement of a key ‘realtime API’ case previously passed over by the ITC.

The ITC patent is incredibly significant because it represents technology fundamentally at the core of Andoid.  Technology that can not be easily changed.

It was revealed through the patent case that Andy Rubin, Google’s leading project developer originally worked at Apple where the technology was originally invented.  Rubin later left Apple, working at Microsoft and ultimately at Google where he took the intellectual property created at Apple to use in his work at Google.


Apple’s appeal is being taken seriously by the new appellate judge, who has issued an order clarifying, “I therefore construe ‘realtime application program interface’ in claim 1 of the ‘263 patent to mean an ‘API that allows realtime interaction between two or more sub-systems,” the interpretation Apple proposed.

About Grant Fengstad

I’m a technology professional in the travel and transportation sector and have been very involved with the Internet for over 20 years.