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/a HTC Corp., HTC
(B.V.I.) Corp., HTC America, 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”.

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