ITC Agrees to Investigate Apple's Patent Case Against HTC

The International Trade Commission (USITC) on Monday agreed to investigate patent infringement complaints Apple has made against HTC, which may lead to a ban on sales of HTC devices like the HTC Flyer, Droid Incredible, Wildfire, and EVO 4G.

"The products at issue in this investigation are hardware and software used in a variety of portable electronic devices, including mobile communication equipment," the ITC said in a statement.

"The complainant [Apple] requests that the USITC issue an exclusion order and cease and desist orders." Beyond simply banning imported products at ports, a cease and desist order would prevent HTC from selling already-imported goods.

The ITC, unlike the federal court system, has the authority to block or ban imports during an investigation, while courts can only ban products after the defendant is found guilty of infringement, which can take years. In its statement the ITC said it will set a target date for completing the investigation within 45 days.

The investigation refers to a complaint Apple filed with the ITC on July 8, 2011, in which it accused HTC of copying Apple's hardware and software. The ITC appeared to agree, saying HTC may have infringed on two Apple patents. This prompted HTC CEO Peter Chou to try to calm investors by saying he was "open to discussions" with Apple. HTC is also in the midst of acquiring S3 Graphics, which successfully sued Apple last month for patent infringement related to graphics chips. The ITC case could also result in a ban on certain Apple Macs.

According to Apple's July complaint picked up by IP expert Florian Mueller, the lawsuit involves the HTC Droid Incredible, Droid Incredible 2, Wildfire, T-Mobile myTouch 3G, myTouch 3G Slide, T-Mobile G1, G2, Evo 4G, Aria, Desire, Hero, Merge, Inspire 4G, Evo Shift 4G, Thunderbolt, Thunderbolt 4G, and Flyer tablet.

The patent war between Apple and HTC started in March 2010, when Apple sued HTC in a California district court for 20 instances of patent infringement, all dealing with various elements of the iPhone.

Last week the ITC said it would also pursue Apple's patent infringement case against another Android maker, Samsung.

Ever wonder what would happen to Android if HTC and Samsung lost these patent cases? Then be sure to check out " What If Android Lost the Patent War?"

Source:http://www.pcmag.com/article2/0,2817,2390714,00.asp?kc=PCRSS05039TX1K0000762