The US International Trade Commission (ITC) denied Apple’s emergency request to temporary detain all shipments of 29 different HTC devices at the US border.
According to reports in Bloomberg, these devices include the EVO 4G LTE and the flagship One X smartphone. Last week, Apple demanded an emergency import ban of HTC phones. Apple argued that the Taiwanese vendor lied to Customs in order to free up shipments.
The ITC obviously was not impressed. However, ITC’s decision is not a setback for Apple.
Patent expert Florian Müeller explained that as the trade agency continues to investigate Apple’s enforcement complaint against HTC, Apple’s lawyers need to be patient.
The denial of temporary emergency action is great news for HTC, but doesn’t represent a setback to Apple. Apple was being ambitious and aggressive by pushing for an immediate ban. But I’m sure Apple and its lawyers knew that this was not going to be easy.
I wouldn’t call it a long shot: given that HTC did not ask the ITC for an advisory opinion (it didn’t have to, but it should have), the ITC might have taught HTC and everyone else a lesson by being more willing than otherwise to grant emergency relief.
In May, Apple spoiled HTC’s and Sprint’s launch plan for the One X smartphone when shipments were delayed at the Customs over an import ban order handed down by the ITC last year.
At question was Apple’s patent for a software feature that automatically detected phone numbers and email messages in text, enabling users to tap on these to automatically call a person or send an email message.
The Taiwanese manufacturer had successfully created a workaround solution so the customs eventually released the shipments. The search giant Google also sided with HTC in its legal woes with Apple from the onset.
Yesterday, Samsung also confirmed about working with Google to create a strong opposition to Apple in an effort to force Cupertino, California-based company into signing a licensing deal with them.
Apple has made more headway recently with its thermonuclear war on Android.
Apple has posted a $2.6 million bond to push the ban into effect, the decision means Samsung must stop selling its marquee tablet in the country.
Apple has already won court rulings that found Android devices to infringe seven of its technical and two of its design patents. Apple has used a bunch of different patents to chase Android vendors and Google’s software has been found to be guilty of infringing upon eleven of them.
Source: iDownload Blog