Fruity patent troll Apple's attempts to kill off Android using the US patent system are unlikely to work.

While Apple did manage to assert one of its patents against HTC, apparently the smartphone maker has begun testing new phone models that work around technology cited in a patent lawsuit. Since it has six months before any ban against its phones will be made, that is plenty of time to roll out the new technology.

Speaking to media at the company's Taiwan headquarters on Wednesday alongside Google senior vice president of mobile, Andy Rubin, CEO Peter Chou said that the company would be working with Google to protect itself from "unfair" means to stop innovation.

"This industry should not allow one company use its powerful weapon to stop other innovation and take it all...this is not fair," Chou said, declining to elaborate on how the company would protect itself.

All this means is that all these court efforts will not stop Android and Apple has effectively lost access to three patents that it could have used to bully manufacturers to pay for licence fees.  Had it been interested in making money from its patents, chances are that HTC and Samsung would have paid to make Jobs' Mob go away. However, since it was only interested in killing Android because Steve Jobs felt slighted by Google, it is doomed to lose lots.

More here.