Trade Body Says HTC Is Violating Apple Patent, Bans Some Imports

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By Ina Fried, Trade Body Says HTC Is Violating Apple Patent, Bans Some Imports via All Things D

In a closely watched case, the U.S. International Trade Commission on Monday ruled that Taiwanese cell phone maker HTC is violating an Apple patent and ordered an import ban on some of the company products.

The organization found that HTC devices infringed on two claims related to an Apple patent. However, the ban will not take effect until April, the ITC said in a ruling, giving time for carriers to make transition plans and for HTC to demonstrate ways it has avoided infringement (by working around the patent, dropping infringing features or other means).

"Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has issued a limited exclusion order prohibiting importation of infringing personal data and mobile communications devices and related software," the agency said. "The Commission has determined that exclusion of articles subject to this order shall commence on April 19, 2012."

HTC will be able to import some refurbished products to satisfy repair claims on already sold products, but will not be able to bring new products into the country after April 19, unless the ruling is reversed or it can show its products no longer infringe the patent in question.

The ruling had been delayed several times.

HTC said in a statement it was pleased the commission reversed a ruling that HTC infringed on another of Apple's patents and that it narrowed the ruling on the patent in which it did find infringement.

"While disappointed that a finding of violation was still found on two claims of the '647 patent, we are well prepared for this decision, and our designers have created alternate solutions for the Œ647 patent," HTC said in a statement.

See the ruling here.

Trade Body Says HTC Is Violating Apple Patent, Bans Some Imports via All Things D

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Comments

[martin d]

09:47 AM on 12/24/2011

I am positive the hyperlink patent belongs to British telecom so get your wallet out Apple, and i think the Beatles owned the name Apple, this can go on forever

[sergal stew]

12:30 AM on 12/21/2011

I don't get it does this mean HTC can't automatically link phone numbers and address's anymore. How can that be patented anyway.

[Phlan]

07:39 PM on 12/20/2011

Ever since a child- since I witnessed the multi-duplication of the weed whacker; I've been under the assumption, and assumed everyone else thought this way, that once you bring something to market you gotta work really hard and right away to come up with improvements and modifications that will beat out the almost guaranteed clones that will be coming out before you know it.

The PC market was kind of like that. Everyone had the same specs but there was always a war over small details and quality etc...

[Rynchostylus]

03:25 PM on 12/20/2011

It's just creepy. Apple is creepy. I am creeped out by my own phone. Ugh...

[Vic22]

11:17 AM on 12/20/2011

Super strict, closed environment. Antenna gate, and using a beta feature to sell barely updated phone. Patent trolling. Huge mark ups. Will people start realizing that this company has the world by the b@lls, and their hubris is detrimental to the competitiveness of the entire industry?

[Nighthawlk]

09:52 AM on 12/24/2011

Patent protection periods needs to be greatly reduced without renewals. That would allow others to produce cars, trucks, refineries, aircraft and electronic devices. There would be a huge reduction in unemployment. There would be a surge in completion, increased revenue for local, state and Federal government and it would improve the economy in communities.

But……..that is only a dream.

[Prelldarunner]

09:49 AM on 12/20/2011

Nothing is new, everything is borrowed. There are no new ideas out there, if you really think about it a lot things have been thought of years ago, it just was never able to be produced b/c people had the lack of money, resources and support.

[theveggiedude]

11:05 AM on 12/20/2011

I've heard that defense from politicians who were caught plagiarizing.

[Nighthawlk]

09:53 AM on 12/24/2011

LOL

[fiddler3]

11:09 AM on 12/20/2011

A patent is a lot more than just an abstract idea. Perhaps it is true that all ideas are associated with old ideas, but the application of old ideas to new problems or in new combinations can be novel and useful -- and patentable.

[StinkyPete0279]

02:56 PM on 12/20/2011

"A patent is a lot more than just an abstract idea." ...you obviously haven't read many tech patents.

[evilpinklolita]

08:55 AM on 12/20/2011

Apple is overpriced and overrated. I don't get the hero worship. Macs and iPhones are ridiculously expensive for what you get compared to other brands. You're paying for the name.

[fricktho]

10:08 AM on 12/20/2011

have you seen the price of droids these days?!

[Rynchostylus]

03:26 PM on 12/20/2011

Used Evo 4G on eBay for 130. Count me in.

[StinkyPete0279]

02:57 PM on 12/20/2011

Macs? Yes. iPhones? Not so much, especially when you're comparing carrier-subsidized prices.

[Tsakonas]

08:34 AM on 12/20/2011

We're supposed to have a higher standard for ourselves. We should take pride in protecting American innovation. We claim to have invented almost everything in the modern age. How can we maintain an innovative, inventive reputation if we just give everything away to the Asian companies that spend nothing on innovation? We AMERICANS pay for the innovation so ASIANS can steal it for free and make more profits? Think about what you Droids are wishing for just because you're a PC and not a MAC. This goes far beyond electronics and all you people can think about is a cheaper phone or tablet. When you hate on Apple as you cheer on this Asian rip off artist, you root against America. Globalization has caused us to hate our own companies and fall in love with foreigners. What happened to USA #1? Good job MAC haters! Did you ever think of how this effects our economy and competition with Asian replicators?

[sergal stew]

10:45 AM on 12/20/2011

Well in all fairness the some of the patents apple was sue over are just silly.

[Yank in France]

09:38 AM on 12/24/2011

You are absolutely right Tsakonas, but you are talking to Kool-aidaholics here.

Merry Xmas !!

[Tsakonas]

08:19 AM on 12/20/2011

It's amazing how so many of you just want to give up our protection from giant corporations. If you invent something, don't you want a fair chance to get that idea to market without some giant corporation stealing all of your hard work leaving you with nothing while they make billions? You people are unbelievable. Your hatred of Apple makes you people cheer for some Asian idea thief to steal ideas from an American company. All I hear is you people rooting for our demise. If we can't keep our ideas sacred then how will we ever compete with China who is willing to enslave it's population and thieve it's way to the top. Original ideas is all we have left when it comes to dealing with them and you guys want to give it all away? Always blogging before thinking.

[Tsakonas]

08:07 AM on 12/20/2011

I'm so sick of all the brainless, talentless, idea stealing hacks thinking it's OK to rip off the ideas of others. I love how it's OK to suck on someone else's success. Leaching off their success. American culture simply hates culture. We despise creativity. No one compensates creative professions well, we kill art & music programs first, we love TV Karaoke singers, we love "real" fake housewives, we love music without instruments, and it goes on and on. Just look at all the posts by people who are angry that foreign companies can't steal the success from an American company. You people should be proud of Apple, America triumphing over some cheap Asian thief. Whose side are you people on anyway? Has globalization made you hateful of America?

[StinkyPete0279]

02:58 PM on 12/20/2011

I'm so sick of people who have no idea what patent trolling is yip-yapping about poor, poor Apple.

[helioszephyr]

10:55 PM on 12/20/2011

that would be you.

[FullFrontal]

08:06 AM on 12/20/2011

sigh. i'm so tired of these tech giants and their frivilous patent lawsuits over the color of their toenails

[fiddler3]

12:12 PM on 12/20/2011

Color would not be a patent issue. Color might be a trademark or servicemark question -- depending on the uniqueness of the color and its association with the company.

Such issues are far from frivolous and are essential to defend the rights of consumers. Patents are important to ensure protection for innovators and encourage investment in new developments.

[grope and change]

07:59 AM on 12/20/2011

The same company who stole ideas from Xerox (GUI) is now crying because someone stole their ideas. Boo hoo! Apple is over priced garbage anyways sold to want to be hipsters thinking the products somehow makes them a better person.

[theveggiedude]

10:56 AM on 12/20/2011

Apple never stole anything from Xerox. That's a big lie told by stupid dumb people.

[StinkyPete0279]

02:59 PM on 12/20/2011

Apple hasn't created anything for 30 years. Deal with it.

[helioszephyr]

11:00 PM on 12/20/2011

It wasn't PARC/Xerox who initiated GUI. Try doing some research... begin with SRI/Doug Engelbart... in the 60's. Apple didn't "steal" the GUI from PARC, it bought some of the subsequent development of it at PARC.

[hdohighdesertobserver]

12:28 AM on 12/21/2011

You can say they didn't steal it, but you can't say they didn't copy it.

[Bill Cumming]

07:42 AM on 12/20/2011

Can't wait to find out how Apple's legal problems with VIA Technologies turn out...

Apple are infringing 3 of VIA patents regarding microprocessor instructions.

[adambum]

06:45 AM on 12/20/2011

Ridiculous. Apple stole the whole GUI concept from Xerox. Android shouldn't be punished for reusing ideas that work. If no company were allowed to reuse anything, we wouldn't have the kinds of devices we use every day today.

[JohnTheMac]

08:54 AM on 12/20/2011

Again with this story?
Apple paid Xerox for the concept.
You make it sound like Jobs copied their OS onto a floppy and took it home, and slipped a mouse into his pocket!
Hats off to PARC for the work they pioneered. Too bad their company didn't have any vision to bring their ideas to market. They had a GUI, mouse, Ethernet, and laser printer setup there! They could have owned the world!
Microsoft ended up with the world because IBM picked DOS as part of their PC Standard. Microsoft was smart to license it per unit, rather than sell it outright, like the guy who wrote DOS did to Bill Gates, for about $10k. But hey, Microsoft had the vision and the Dream, the guy who sold DOS didn't see the value. Still, I hope Gates sends the guy some fat Christmas cards every year, if you know what I mean.

"If no company were allowed to reuse anything, we wouldn't have the kinds of devices we use every day today."
sure, you should be able to use it, but you should pay a license fee too.

[StinkyPete0279]

03:00 PM on 12/20/2011

Apple started paying Xerox when it became clear that not doing so may lead to legal problems. See also the pre-emptive suit Xerox filed during the course of Apple Inc vs Microsoft.

[helioszephyr]

11:16 PM on 12/20/2011

Actually, the GUI, mouse, and to a lesser degree, ethernet, were all concepts conceived/partially developed (to varying degrees), prior to,and brought to PARC by some of its researchers. PARC was a venue funded by Xerox where these researchers could collectively collaborate and further develop these technologies for a commercial market.

It's a common misconception that PARC/Xerox was the "big bang" of personal computing. It's the independent researchers who brought the ideas/concepts to PARC that are the innovators.

And, as you stated, Apple "paid" via offering IPO shares to Xerox for their portion of the subsequent development/rights of portions of GUI.

[CaptainObvvious]

09:06 AM on 12/20/2011

That's fine... Though as John pointed out Apple "stole" nothing... Anyway whenever iOS introduces a feature that resembles ANYTHING that exists on another OS it is derided by every Android fanboy as a horrible copycat.

Android itself is a complete copycat that was released as it was as a direct response to iOS.

[RayWes]

11:55 AM on 12/20/2011

And Eric E. Schmidt Google's Executive Chairman was on Apples board I do believe. This gave him an inside look into what Apple was doing and brought it back to Google. So, Google comes out with its own iPhone, but call it Android.

[pepper1311]

06:31 AM on 12/20/2011

This not new. 90% of companies are incorporated in Delaware, they have a special court that hears this crap five days a week. what is funny is the court is in plain looking strip mall. Disney practically lives in the place. So don't say Mic@@y or your in court.