HTC may have convinced the U.S. International Trade Commission (ITC) that its newest smartphones do not infringe Apple's patents and deserve to be allowed into the States, but Apple is not ready to give up just yet. The Cupertino, California-based tech giant filed an enforcement action at the U.S. ITC in Washington on Monday, June 4, seeking an emergency order to block imports of HTC's newest smartphones and tablets.
The ITC had ordered HTC to remove a function patented by Apple for data-detection technology, otherwise it would not be allowed to sell its mobile phones in the U.S. Some HTC devices were delayed at Customs last month, causing a lot of impatience and uproar. After HTC assured the products were not infringing the said Apple patent, U.S. Customs and Border Protection eventually allowed the devices made in Taiwan to enter the United States. In a statement on May 29, HTC said it had completed a review with customs officials, concluding that the company's products "are in compliance with the ITC's ruling."
Still Infringing, Says Apple
Apple, however, still claims products including HTC One X, HTC One S, HTC EVO 4G LTE and Flyer tablets continue to infringe its patent, and wants to see them blocked from entering the United States. Apple wants the ITC to block all HTC products running on Google's Android OS until the enforcement case is resolved. "Without such an express statement, HTC will continue to flout the terms of the LEO [limited exclusion order], which has caused and will continue to cause Apple to suffer substantial harm, and contravenes the public interest in enforcement of the commission's LEO," Apple said in its filing, according to Bloomberg.
Moreover, Apple also asked the agency to force HTC to remove any products currently in store that were imported in violation of the exclusion order. Otherwise, HTC should be forced to post a bond equal to the value of each imported product, or at least $290 for each device, Apple added in the filing.
Litigation
Apple is also involved in litigation with Samsung Electronics and Motorola Mobility, now owned by Google, over their Android products. Apple filed its initial complaint against HTC back in March 2010, firing the first shot in its fierce battle against Android devices. Back in February, HTC lost a patent-infringement complaint it had filed against the iPhone maker. The war is far from over, however, as both companies have filed new ITC complaints against each other.
The earlier case is In the Matter of Certain Personal Data and Mobile Communications Devices and Related Software, 337-710, while the new one is In the Matter of Personal Data and Mobile Communications Devices and Related Software, Complaint No. 2900. Both cases were filed at the U.S. International Trade Commission (Washington).
