United States International Trade Commission September 10, 2012
United States International Trade Commission July 10, 2012
United States International Trade Commission January 23, 2012
Newsweek‘s Dan Lyons reported today that Apple’s “thermonuclear war” on Android smartphone manufacturers is fading fast, while a new rumor surfaced among the suits’ lawyers claiming the company spent $100 million on its initial set of claims against HTC.
Imagine how much Apple spent on other Android makers, such as Motorola (who is near locking Apple products out of Germany in retaliation) or Samsung (the biggest Mobile Communications patent holder in the world), if it spent so much on just HTC.
“Who knows if it’s true, but if so, Apple didn’t get a lot for its money,” wrote Lyons on his RealDanLyons’ blog Jan. 23.
Apple’s legal claims are abruptly junked left and right, and its only minor victories to date are so inconsequential that Android device makers can dance around the momentary obstacles with just a few minor tweaks to products, explained the Newsweek reporter.
The technology giant’s case against HTC with the International Trade Commission began in February 2010, when the Cupertino, Calif.-based company wanted the ITC to block HTC from importing products into the United States. The case originally had 84 claims based on 10 patents, but it was dwindled down to only four claims by the time a judge became involved, according to Lyons.
The rulings —for the most part— were a wash for Apple. One patent was invalid as Apple did not have a rightful claim to it, and HTC did not infringe upon two of the other patents due to Apple apparently not implementing them into its products. In other words, Apple did not have a right to seek an injunction, because ITC injunctions can only occur if it is provable that both parties are “practicing” the patent in question, which Apple could not demonstrate against HTC…
United States International Trade Commission December 19, 2011
UPDATE [Wednesday, December 21, 2011 at 7:46am ET]: The article has been updated with a paragraph added to the bottom with a statement from HTC CEO Peter Chou saying his company is “testing” new devices meant to avoid the sales ban.
The International Trade Commission just ruled in favor of Apple in the Apple vs. HTC patent lawsuit regarding mobile devices [PDF document]. HTC was found guilty of violating Apple patent 5946647 that is described by Google Patent Search:
A system and method causes a computer to detect and perform actions on structures identified in computer data. The system provides an analyzer server, an application program interface, a user interface and an action processor. The analyzer server receives from an application running concurrently data having recognizable structures, uses a pattern analysis unit, such as a parser or fast string search function, to detect structures in the data, and links relevant actions to the detected structures. The application program interface communicates with the application running concurrently, and transmits relevant information to the user interface. Thus, the user interface can present and enable selection of the detected structures, and upon selection of a detected structure, present the linked candidate actions. Upon selection of an action, the action processor performs the action on the detected structure.
HTC has violated products. The ruling involved the phone’s software, and it is subject to an import ban on April 19, 2012. The ITC said HTC could continue to ship replacement devices for currently shipped products. Obviously, a ban on certain HTC products is a major blow to the company, and because this is software-based, other Android device manufactures should not be too pleased. You can read the ITC’s full ruling through the The Verge.
United States International Trade Commission November 23, 2011
Taiwanese handset maker HTC’s lawsuit against Apple over infringement of S3 Graphics’ patents has suffered a fatal blow (in addition to this one) as the United States International Trade Commission (ITC), which can block the import of products, reversed its earlier decision and ruled in favor of Apple on November 21. The Commission has officially ended its investigation of the case and HTC shares fell 4.9 percent on the news.
And now, Bloomberg reports that HTC “will reevaluate” its planned purchase of S3 Graphics following the ITC ruling.
HTC Corp. will reevaluate its planned purchase of S3 Graphics Co. after the target company lost a U.S. International Trade Commission ruling it brought against Apple Inc. over patent infringement, the Taoyuan, Taiwan-based company said in a statement today.
Just yesterday, HTC’s general counsel Grace Lei told DigiTimes yesterday his company “will consider an appeal”. But after closer inspection of the ITC ruling, the company clearly concluded the best course of action is to consider dropping the $300 million acquisition of graphics maker S3 Graphics announced back in June, which only proves this acquisition may have been planned as a leverage in HTC’s other legal dealings with the iPhone maker.
United States International Trade Commission September 2, 2011
Didn’t know this:
But another peculiarity of the ITC is that its rulings can be waived by the president. Verizon thinks it would be great if President Obama, in a blanket statement, made clear he would not let stand any decision blocking importation of consumer wireless devices. The parties then would have to recur to normal patent litigation, and whatever rights and wrongs are discovered could be settled by exchanges of cash. Mobile is a rare industry exhibiting growth, job creation and animal spirits. Who needs a paralyzing meltdown?
It will be interesting to see if the President will override if Apple wins any of the blockades it is seeking against Android devices in the ITC. IF he does, Apple/Google/Microsoft/whoever will have to go through the longer patent dispute process.
Both iPhones and Android devices could be blocked by pending ITC rulings.
Some background: expand full story